Jharkhand High Court
Chandra Kishor Gope vs The State Of Jharkhand on 2 November, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (SJ) No. 240 of 2023
Chandra Kishor Gope ... Appellant
-Versus-
The State of Jharkhand ... ... Respondent
CORAM :- HON'BLE MR. JUSTICE RATNAKER BHENGRA
For the Appellant :- Mr. Anil Kumar Ganjhu, Advocate;
Ms. Priyanka Kumari, Advocate
For the State :- Mr. Rajesh Kumar, APP
...
04/02.11.2023: IA (Cr.) No. 5269 of 2023
Heard the learned counsel for the appellant as well as the learned
counsel for the State on the interlocutory application filed by the appellant for
suspension of sentence during the pendency of this criminal appeal.
This criminal appeal was directed against the judgment of conviction
dated 25.03.2023 and the order of sentence dated 28.03.2023, passed by the
learned Sessions Judge, Khunti in Sessions Trial Case No. 75 of 2022, whereby
and whereunder, the appellant has been convicted for the offence under section
25(1-A) of the Arms Act and sentenced to undergo RI for 7 years and fine of
Rs.5,000/- and in default of fine further sentenced to undergo SI for 6 months
and further convicted for the offence under sections 26/35 of the Arms Act and
sentenced to undergo RI for 5 years and fine of Rs.5000/- and in default of fine
further sentenced to undergo SI for 6 months.
The learned counsel for the appellant has submitted that apart from
the aforesaid sections, which have been alleged, the appellant was acquitted of
the section 17 of the Criminal Law (Amendment) Act and, therefore, the
seriousness of the offence is considerably reduced. The learned counsel has
further submitted that from the possession of the appellant two live cartridges
and one mobile phone were recovered. The learned counsel has further
submitted that the co-accused, namely, Manoj Barla in IA No. 7096 of 2023 in
Cr. Appeal (SJ) No. 375 of 2023, from whom one loaded country made pistol,
one live cartridge and one mobile phone were recovered, has been granted bail
by this Court vide order dated 19.09.2023. The learned counsel has further
submitted that there is no independent witness rather seizure witnesses are
police personnel. The learned counsel has further submitted that the appellant is
in custody since 25.03.2023 and during trial, the appellant was on bail. The
learned counsel has further submitted that the appellant has no other criminal
antecedent.
4. Learned counsel for the State has vehemently opposed this
interlocutory application for suspension of sentence, during the pendency of
this criminal appeal and has submitted that all the witnesses have corroborated
their evidences with each other and the country made pistol and cartridges were
found effective and dangerous for human life during the examination by the
Sergeant Major and that the said arms and ammunition comes within the
purview of prohibited arms and ammunition.
Having gone through the records of the case, considering the
arguments advanced by the learned counsel for the parties, also considering the
period of custody already spent by the appellant and in the facts and
circumstances of the case, the appellant, named above, is ordered to be released
on bail, during pendency of this appeal, on executing bail bonds of Rs. 25,000/-
(Rupees Twenty Five Thousand Only) with two sureties of the like amount
each to the satisfaction of the learned Sessions Judge, Khunti in connection
with Sessions Trial Case No. 75 of 2022 arising out of Jariyagarh P.S. Case no.
01 of 2022, G.R. Case No. 173 of 2022, subject to the condition that the
appellant shall submit self-attested photocopy of his Aadhar Card and mobile
number before the learned court below which he will always keep active and
will not change it during pendency of the case without prior permission of the
Court.
Accordingly, IA (Cr.) No. 5269 of 2023 stands allowed and disposed
of.
S.B. (Ratnaker Bhengra, J.)
