Munilal Mahto @ Dharmendra vs The State Of Jharkhand .... ... Opp. ...
2023 Latest Caselaw 4285 Jhar

Jharkhand High Court

Munilal Mahto @ Dharmendra vs The State Of Jharkhand .... ... Opp. ... on 28 November, 2023

Author: Subhash Chand

Bench: Subhash Chand

   IN THE HIGH COURT OF JHARKHAND AT RANCHI
             Cr. Revision No. 1311 of 2023
Munilal Mahto @ Dharmendra              .... ... Petitioner
                         Versus
The State of Jharkhand                  .... ... Opp. Party
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CORAM : HON'BLE MR. JUSTICE SUBHASH CHAND

For the Petitioner : Mr. Nehru Mahto, Advocate For the State : Mr. Sanat Kumar Jha, A.P.P.

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Order No. 02/ dated 28.11.2023 I.A.No. 9587 of 2023

Learned Counsel Mr. Nehru Mahto on behalf of the

petitioner and on behalf of State, learned A.P.P. are present.

2. The instant Interlocutory Application is with the prayer to

release the petitioner on bail during the pendency of this Cr.

Revision.

3. The learned Counsel for the petitioner has submitted that

the petitioner was convicted by the trial court vide Judgment

dated 22.06.2022 in Giddi P.S. Case No. 36 of 2022,

corresponding to T.R.No.261 of 2023, for the offence under

Section 25(1-B) (a), 26 (1) read with 35 of the Arms Act and

sentenced to undergo R.I. for two years for the offence under

Section 25(1-B) (a) read with 35 of the Arms Act with fine of

Rs.1,000/- and in default of payment of fine amount, the

petitioner has to undergo S.I. for one month.

4. The petitioner has also been sentenced to undergo R.I.

for two years for the offence under Section 26(1) read with 35

of the Arms Act and to pay a fine of Rs. 1,000/- and in default

of payment fine, he has to undergo S.I. of one month. Against

the impugned Judgment of conviction and sentence, Cr.

Appeal No. 53 of 2023 was also dismissed by the learned

Sessions Judge, Hazaribag vide Judgment dated 08.08.2023

and affirmed the Judgment of conviction and sentence passed

by the trial court.

5. It has been further submitted that the alleged recovery of

the arms was supported only by the witnesses of the police

and the same was not proved by the independent witness who

was examined as P.W.1. The petitioner has been languishing

in Jail since 27.03.2022 and has served out more than half of

the sentence which was inflicted by the court-below.

6. The learned A.P.P. on behalf of the State opposed the

contentions made by the learned Counsel for the petitioner.

7. In view of the submissions made and the material on

record, I.A.No. 9587 of 2023 is hereby allowed.

8. In consequence thereof, the petitioner is directed to be

released 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 Judicial Magistrate, 1st

Class, Hazaribag in connection with Giddi P.S. Case No. 36 of

2022, corresponding to T.R.No.261 of 2023.

9. In view thereof, I.A.No.9587 of 2023 is disposed of.

Admit.

Office is directed to call for the scanned copy of the

L.C.R.

List this Cr. Revision as per seriatim.

P.K.S                                   (Subhash Chand, J.)