Niranjan Kumar Yadav @ Chhotu Yadav vs The State Of Jharkhand
2024 Latest Caselaw 9766 Jhar

Jharkhand High Court

Niranjan Kumar Yadav @ Chhotu Yadav vs The State Of Jharkhand on 1 October, 2024

Author: Sanjay Kumar Dwivedi

Bench: Sanjay Kumar Dwivedi

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                           Cr. Appeal (SJ) No. 137 of 2024
            Niranjan Kumar Yadav @ Chhotu Yadav, aged about 28 years, son of
            Rajendra Yadav, resident of Mauza Mandai Khurd, P.O. & P.S. Lohsinghna,
            District- Hazaribag                                   ... Appellant
                                       -Versus-
            The State of Jharkhand                                ... Respondent
                                           -----

CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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            For the Appellant        : Mr. Pratik Sen, Advocate
            For the State            : Mr. Pankaj Kumar Mishra, A.P.P.
                                           -----

04/01.10.2024     I.A. No. 6518 of 2024

Heard Mr. Pratik Sen, learned counsel appearing for the appellant and

Mr. Pankaj Kumar Mishra, learned counsel appearing for the State.

2. This appeal has already been admitted and the L.C.R. is on the

record.

3. I.A. No. 6518 of 2024 has been filed for suspension of sentence,

during pendency of the instant criminal appeal.

4. Learned counsel appearing for the appellant submits that the

appellant has been convicted and sentenced vide judgment of conviction

and order of sentence dated 03.02.2024 and 16.02.2024 respectively

passed by the learned Additional Sessions Judge-VI cum Spl. Judge, C.A.W.,

Hazaribag in connection with Sessions Trial No.311 of 2019, arising out of

G.R. Case No.512 of 2019 (Lohsinghna P.S. Case No.71 of 2019), whereby,

the appellant is sentenced to undergo R.I. for 7 years for the offence

punishable under Section 25(1-A), 26 and 35 of the Arms Act along with

fine of Rs.10,000/- and in case of default of payment of fine, he is further

sentenced to undergo S.I. for 2 months for offence under Section 35 of the

-1- Cr. Appeal (SJ) No. 137 of 2024 Arms Act and all the sentences have been directed to run concurrently. He

further submits that the appellant has remained in custody for about two

years and five months and no arms has been recovered from the possession

of the appellant and only motorola mobile phone has been recovered. He

also submits that the appellant was travelling along with the co-convict from

whose possession, arms and ammunition have been recovered. He submits

that motorcycle was not marked in the trial.

5. Learned counsel appearing for the State opposed the prayer on the

ground that even half of the sentence has not been completed as yet.

6. In view of the above and considering that the appellant has remained

in custody for about 2 years and 5 months and no arms and ammunition

have been recovered from the possession of the appellant, during pendency

of this appeal, I am inclined to suspend the sentence and enlarge him on

bail on his furnishing bail bond of Rs.25,000/- (Rupees Twenty Five

Thousand) with two sureties of the like amount each to the satisfaction of

the learned Additional Sessions Judge-VI cum Spl. Judge, C.A.W., Hazaribag

in connection with Sessions Trial No.311 of 2019, arising out of G.R. Case

No.512 of 2019 (Lohsinghna P.S. Case No.71 of 2019).

7. Accordingly, I.A. No.6518 of 2024 is allowed and disposed of.

                                                  (Sanjay Kumar Dwivedi, J.)
Ajay/




                                           -2-                   Cr. Appeal (SJ) No. 137 of 2024