Manoj Barla vs The State Of Jharkhand
2023 Latest Caselaw 3561 Jhar

 IN THE HIGH COURT OF JHARKHAND AT RANCHI

                         Cr. Appeal (SJ) No. 375 of 2023

Manoj Barla                                             ... ... 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. K.S. Nanda, Advocate
        For the State          : Mr. B.N.Ojha, APP
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Order No.07/Dated: 19th September, 2023
              I.A. No. 7096 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 25.3.2023 and the order of sentence dated 28.3.2023, passed by the learned Sessions Judge-II, 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)/26/35 Arms Act and sentenced to undergo RI for 7 years with fine of Rs. 5,000/- with default stipulation of six months SI and further sentenced to undergo RI for 5 years with fine of Rs. 5000/- with default stipulation of 6 months SI under section 26/35 Arms Act.

The learned counsel for the appellant submits that during trial the appellant was acquitted of the section 17 CLA Act as it was not proved that he belongs to extremist organization. He further submits that from the possession of the appellant one loaded country made pistol, one live cartridge and one mobile phone were recovered. He further submits that there is no independent witness rather seizure witness was also a police personnel. He further submits that appellant has been in custody for about twenty two months having no criminal antecedent. Therefore, his prayer for suspension of sentence, during pendency of appeal, may be considered.

The learned counsel for the State has opposed the present interlocutory application and has submitted that from possession of the appellant one loaded country made pistol, one live cartridge and one mobile phone were recovered 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 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, I.A. No. 7096 of 2023 stands allowed and disposed of.

KNR                                               (Ratnaker Bhengra,J)