Jharkhand High Court
Gautam Gope @ Jawala Aged About 29 Years ... vs The State Of Jharkhand on 24 September, 2024
Author: Ratnaker Bhengra
Bench: Ratnaker Bhengra
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.A(SJ) No. 359 of 2024
Gautam Gope @ Jawala aged about 29 years son of Ashok Gope @ Chamar
Gope, resident of village - Bakaspur Saketoli, PO- Lapa & P.S.- Karra,
District- Khunti ( Jharkhand). .. .. ..Appellant
--VERSUS--
The State Of Jharkhand ... ..Respondent
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CORAM: HONBLE MR. JUSTICE RATNAKER BHENGRA
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For the Appellant : Mr. Kripa Shankar Nanda, Adv
For the Respondent : Mr. Sardhu Mahto, APP
03/DATED: 24-09-2024
I,A, No. 9281 of 2024
Heard the learned counsel for the parties.
That instant interlocutory application has been filed on behalf of
the appellant above named to release him on bail by suspending the sentences
awarded to him by the court below during the pendency of present Cr. Appeal
(SJ) No. 359 of 2024 which has been preferred for setting aside of the
judgment of conviction dated 22/05/2024 and sentence dated 27/05/2024
passed by the learned Additional Sessions Judge-I, Khunti, in Sessions Trial
Case No. 110/2023, arising out of Jariyagarh P.S. Case No.06/2023 (GR Case
No. 202/2023), whereby and where under the aforesaid learned Court below
has convicted the appellant above, named, for committing offence under
Sections 25(1-B)a, 25(6), 26/35 of Arms Act and then sentenced him to
undergo R.I for 3 years under Section 25(1- B)a, 35 of Arms Act with a fine of
Rs. 10, 000/- and in default of payment of fine S.I. for 3 months and further
R.I. for 2 years under Section 26/35 of Arms Act with a fine of Rs.5000/- and
in default of payment of fine S.I. for 1 month, however, both the sentences
have been directed to run concurrently and the custody undergone during the
trial will be set off.
The learned counsel for the appellant referred to para- 4 of this
interlocutory application and pointed out that the appellant has been in
custody for about eight months out of maximum imposed sentence of three
years which may be considered while the bail prayer of the appellant. It is
further submitted that one of the con-convict, namely, Lakhan Gope who was
allegedly assaulted along with the appellant has been granted bail in
Cr.Appeal (SJ) No. 318 of 2024 vide order dated 23.08.2024 by this Court.
Counsel says that his case is similar to co-convict, namely, Lakhan Gope and,
therefore, his prayer for suspension of sentence may also be considered. It is
further submitted that the case against the appellant has only been sustained
only on his confession which has got no evidentiary value in the eye of law,
moreover, counsel says that the prayer for bail may be considered in the
aforesaid circumstances and moreover the appeal is not likely to be heard in
near future which may also be considered.
The learned counsel for the State, learned APP has opposed the
prayer for suspension of sentence and submitted that prosecution witnesses
have supported the prosecution case and the pistol that was recovered was in
good working condition as per the report of the sergent major and, therefore
the appellant may not be granted the privilege of bail.
Having heard the learned counsels for the parties, gone through
the records of the case, noted the arguments, gone through the cited bail order
and also having gone through the custodial period of the appellant, I am
inclined to release the appellant, named above, on bail, during the pendency of
this criminal appeal, on furnishing bail bond of Rs. 25,000/- (rupees twenty
five thousand only) with two sureties of the like amount each to the
satisfaction of learned Additional Sessions Judge-1, Khunti in Sessions Trial
Case No. 110 of 2023, arising out of Jariyagarh P.S. Case No. 06 of 2023
( G.R. Case No. 202 of 2023), subject to the conditions that the appellant will
submit self-attested photocopy of his Aadhaar Card and also submit his mobile
number befgore the learned Court below which he will always keep active and
will not change it during pendency of this case without prior permission of the
Court.
I.A. No. 9281 of 2024 stands allowed and disposed of.
Put up this case in seriatim.
(Ratnaker Bhengra, J)
sharda/-
