Jharkhand High Court
Amit Choudhary @ Amit Kumar Choudhary ... 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. 545 of 2024
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Amit Choudhary @ Amit Kumar Choudhary aged about 32 years son of
Pran Nath Choudhary resident of Purani Sahibganj, PO Sahibganj, PS
Sahibganj Town, District Sahibganj, Jharkhand .... Appellant(s)
-- Versus --
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. Ashish Thakur, Advocate
Mr. Aman Shekhar, Advocate
For the State :- Mr. Rajesh Kumar, Advocate
For the Informant :- Mr. Sabyasanchi, 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. 10555 of 2024 has been filed for grant of bail by suspending
the sentence, during pendency of the instant appeal.
3. Heard the learned counsel for the appellant, the learned counsel for the
respondent State and the learned counsel for the informant.
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 Sessions Judge-II, Sahibganj in
Sessions Trial Case No.229 of 2014 for the offence under section 148, 341/149,
324/149 and 326/149 IPC and section 27 of Arms Act, and sentenced to
undergo RI for 3 years and fine of Rs.2000/- under section 148 of IPC and in
default thereof further to undergo SI for 3 months, RI for 6 years and fine of
Rs.10,000/- under section 27 of Arms Act and in default thereof to undergo SI
for 6 months, RI for 3 years and fine of Rs.2000/- under section 324/149 and in
in default thereof SI for 3 months, RI for 6 years and fine of Rs.10,000/- under
section 326/149 IPC and in default of payment of fine SI for six months.
5. The learned counsel for the appellant submits that PW-3 who is injured
stated that Ramu Mandal fired on the neck of his brother due to which he got
injured and fell down and his brother Ram Lal Mandal tried to caught Ramu
Mandal then at that time Rohit Pal and Ranjeet Ram caught him from behind
and Amit Choudhary hit from the butt of the pistol on his head and due to
which his brother sustained injury and fell down. He submits that PW-3 has
stated that this appellant has inflicted injury by way of assault by butt of the
revolver. He further submits that appellant was on bail during pendency of the
trial and he has remained in custody for 1 year 1 month and about 20 days.
6. The learned State counsel has opposed the prayer for grant of bail on
the ground that even half of the sentence has not been completed by the
appellant.
7. Learned counsel for the informant submits that the appellant has fired
however the fire was not taken place due to fault in the revolver and he has
assaulted by butt of the revolver. He submits that witnesses have supported the
case and the appellant is having criminal antecedent.
8. Considering that PW-3 has stated that his brother has received injury due
to fire by Ramu Mandal and the allegation against the appellant is of hitting by
butt of the revolver and doctor has opined simple injury on the head and the
appellant has remained in custody for 1 year 1 month and about 20 days, I am
inclined to grant bail to the appellant, during pendency of this appeal.
9. Accordingly, the appellant, namely, Amit Choudhary @ Amit Kumar
Choudhary, 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
Sessions Judge-II, Sahibganj in Sessions Trial Case No.229 of 2014.
10. Instant I.A meant for grant of bail is allowed and disposed of.
( Sanjay Kumar Dwivedi, J.)
SI/
