Gwala Singh vs The State Of Jharkhand
2023 Latest Caselaw 296 Jhar

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               IN THE HIGH COURT OF JHARKHAND AT RANCHI
                         Cr. Appeal (SJ) No.383 of 2022

         Gwala Singh
         @ Moran Singh Bankira
         @ Gwala Singh Bankira                      .....   Appellant
                                Versus
         The State of Jharkhand                     ....      Respondent

               CORAM:        HON'BLE MR. JUSTICE NAVNEET KUMAR

         For the Appellant            :   Mr. Gautam Kumar, Advocate
         For the State                :   Mr. Manoj Kr. Mishra, APP
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4/17.01.2023 Heard learned defence counsel Mr. Gautam Kumar appearing on behalf of the appellant and Mr. Manoj Kumar Mishra, learned APP appearing on behalf of the State.

Learned defence counsel appearing on behalf of the appellants submitted that this Court has already admitted this appeal for hearing , which has been preferred against the judgment of conviction dated 08.12.2021 and order or sentence dated 13.12.2021, passed by learned Additional Sessions Judge-II, West Singhbhum at Chaibasa in S.T. No.162 of 2018, arising out of Muffasil P.S. Case No.147 of 2017, corresponding to G.R. Case No.669 of 2017, whereby and where under, the appellant along with other co-accused persons have been convicted for the offence under Section 25(1-B) a of Arms Act and he was sentenced for three years R.I. with a fine of Rs.5,000/- and in default of payment of fine, six months simple imprisonment. It has further been submitted that one I.A. No. 11792 of 2022 has been filed for the suspension of execution of order of sentence by enlarging the appellant on bail during the pending of this appeal. It has been pointed out that it is evident from the report-Annexure-B received from the Central Jail, Ghagidih, Jamshedpur, by which it appears that the sole appellant has already remained in jail for about 1 year 4 months and 29 days and similarly situated Juriya Deogam @ Nana has also been released on bail by a coordinate Bench of this Court vide Cr. Appeal (SJ) No. 339 of 2022.

Therefore, it is urged on behalf of the appellant that let the appellant be enlarged on bail during pending of this appeal.

On the other hand, learned APP opposed the contentions raised on behalf of the appellant, but did not controvert the fact that this appellant has already remained in jail for about 1 year 4 months and 29 days and maximum punishment awarded sentence is three years and as such half period of sentence has already been served by this appellant.

Having taken into consideration the persuasive submissions advanced on behalf of the learned counsel for the appellant and under the facts and circumstances of this case, this appellant Gwala Singh @ Moran Singh Bankira @ Gwala Singh Bankira is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the court of learned Additional Sessions Judge-II, West Singhbhum at Chaibasa, in connection with S.T. No.162 of 2018, arising out of Muffasil P.S. Case No.147 of 2017, corresponding to G.R. Case No.669 of 2017, subject to the conditions as laid down under Section 439 of Cr.P.C.

Accordingly, the I.A. No. 11792 of 2022 gets disposed of. Let the original lower court records be called for and list this case under the heading 'for hearing' in seriatim.

(Navneet Kumar, J.) R.Kumar