Jharkhand High Court
Prashant Tuti vs The State Of Jharkhand on 8 November, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Criminal Appellate Jurisdiction)
Cr. Appeal (SJ) No. 263 of 2023
Prashant Tuti ... ... Appellant
Versus
The State of Jharkhand ... ... Respondent
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CORAM : HON'BLE MR. JUSTICE RATNAKER BHENGRA
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For the Appellant : Mr. Gaurav, Advocate
For the State : Mr. Arup Kumar Dey,APP
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th
Order No.05/Dated: 8 November, 2023
IA No. 4075 of 2023
This present Interlocutory Application has been filed for
suspension of sentence during pendency of this criminal appeal.
The present criminal appeal is directed against the judgment of
conviction dated 17.3.2023 and the order of sentence dated 22.3.2023, passed by
the learned Sessions Judge, Khunti in Sessions Trial No. 97 of 2022, arising out
of Khunti P.S. Case No. 47 of 2021, corresponding to GR No. 356 of 2021,
whereby and whereunder, the appellant has been convicted and sentenced to
undergo RI for 5 years and fine of Rs. 5,000/- each for the offence under
sections 25(1-B)a of Arms Act and for the offence under section 26 of Arms Act
with default stipulation of SI for 6 months each.
The learned counsel for the appellant submits that date of
occurrence is 24.3.2021 and the allegations are under sections 25(1-B)a/26 of
Arms Act. He has further submitted that during raid there were 6 accused
persons but only the present appellant was apprehended. He has further
submitted that the prosecution has failed to produce any evidence as regards the
involvement of the appellant with any extremist organization. He has further
stated that the I.O. of this case who is PW-7 has admitted in his deposition that
the pistol handed over to him was not sealed. He has then referred to the seizure
list which is Ext.1 and submits that in the middle of the pistol which was
recovered from the possession of the appellant, "made in USA" was written and
in the base of the cartridge 9 mm was written but in paragraph no. 32 of his
deposition the informant has stated that in the pistol which was produced before
the Court "made in USA" is written on the side portion of the pistol and in
paragraph no. 22 he has stated that 9 mm is not written in the base of the
cartridge. The learned counsel therefore submits that seizure is itself doubtful.
He has further stated that police has taken signatures of the appellant on several
blank papers. The appellant was in custody from 24.3.2021 to 2.7.2021 before
conviction and after judgment of conviction dated 17.3.2023 he is in custody till
date.
The learned counsel for the State opposed the prayer of the
appellant and submits that the appellant was caught red handed with the pistol
for which he has no valid paper.
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 Sessions Trial No. 97
of 2022, arising out of Khunti P.S. Case No. 47 of 2021, corresponding to GR
No. 356 of 2021, 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, I.A. No. 4075 of 2023 stands allowed and disposed
of.
KNR (Ratnaker Bhengra, J.)
