Bhuneshwar Lohra vs The State Of Jharkhand
2024 Latest Caselaw 9898 Jhar

Jharkhand High Court

Bhuneshwar Lohra vs The State Of Jharkhand on 14 October, 2024

Author: Sanjay Kumar Dwivedi

Bench: Sanjay Kumar Dwivedi

                IN THE HIGH COURT OF JHARKHAND, RANCHI
                      Criminal Appeal (S.J.) No. 544 of 2024
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Bhuneshwar Lohra, son of Sri Basudeo Lohra aged about 44 years resident of Village Patratoli, PO Gurgain, PS Thakurgaon, District Ranchi.... Appellant(s)

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The State of Jharkhand ....... ...... .... Respondent

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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Appellant(s) :- Mr. Predeep Kumar Nayak, Advocate For the State :- Mr. Shailesh Kumar Sinha, Advocate

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3/14.10.2024 This appeal has already been admitted and the L.C.R is on the record.

2. The I.A. No. 8738 of 2024 has been filed for grant of bail by suspending the sentence, during pendency of the instant appeal.

3. Heard learned counsel for appellant and learned counsel for State.

4. The learned counsel for the appellant submits that the appellant has been convicted by judgment dated 29.07.2024 and order of sentence dated 31.07.2024 passed by learned Additional Judicial Commissioner-VIII, Ranchi in Sessions Trial Case No.500/2018 (CNR-JHRN01-007039-2018) arising out of Thakurgaon P.S. Case No.25 of 2018 and has been directed to undergo 7 years RI with fine Rs.3000/- each of the offences i.e. under section 25(1-A) and undergo 7 years RI with fine Rs.3000/- each for offence i.e. under section 26(2) of Arms Act and in default thereof, further sentenced to undergo six months imprisonment and both the sentences shall run concurrently.

5. The learned counsel for the appellant submits that the appellant was on bail during pendency of the trial and he is in custody since the date of conviction dated 29.07.2024. He submits that PWs 1 and 4 who are seizure witnesses have been declared hostile. He submits that the appellant has got no criminal antecedent.

6. The learned State counsel has opposed the prayer for grant of bail on the ground that one live cartridge and country made pistol was recovered from the possession of the appellant and other materials have also been recovered.

7. Considering that PWs 1 and 4 who are seizure witnesses they have been declared hostile and the appellant was on bail during pendency of the trial and he has been taken into custody with effect from 29.07.2024, I am inclined to grant bail to the appellant, during pendency of this appeal.

8. Accordingly, appellant, above named, is directed to be released on bail, during pendency of this appeal, on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand), with two sureties of the like amount each, to the satisfaction of the learned Additional Judicial Commissioner-VIII, Ranchi in Sessions Trial Case No.500/2018 (CNR-JHRN01-007039-2018) arising out of Thakurgaon P.S. Case No.25 of 2018.

9. Instant I.A meant for grant of bail is allowed and disposed of.

( Sanjay Kumar Dwivedi, J.) SI/