Rajesh Rawani @ Chhotu Rawani @ Rajehs @ ... vs The State Of Jharkhand
2025 Latest Caselaw 5078 Jhar

Jharkhand High Court

Rajesh Rawani @ Chhotu Rawani @ Rajehs @ ... vs The State Of Jharkhand on 23 April, 2025

Author: Sanjay Prasad

Bench: Sanjay Prasad

IN THE HIGH COURT OF JHARKHAND AT RANCHI

              Cr. Appeal (S.J) No.276 of 2025
Rajesh Rawani @ Chhotu Rawani @ Rajehs @ Rasehs
                                       ......       Appellant
                   Versus
The State of Jharkhand                     ....... Respondent
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD

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For the Appellants    : Mr. Anurag Kumar, Advocate
For the State         : Mr. Sardhu Mahto, APP
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              rd
03/Dated:23 April, 2025
I.A. No.3698 of 2025

This Criminal Appeal has been filed on behalf of the appellant challenging the judgment of conviction and sentence dated 23.12.2024 passed in Sessions Trial No.146 of 2015 + 51 of 2016, arising out of Domchanch P.S. Case No.70 of 2015, (G.R. No.624 of 2015) by Sri Ghulam Haider, learned Additional Sessions Judge-I, Koderma by which the appellant has been convicted for the offence under Sections 9-B(1) (b) of the Explosive Act, 1884 and his bail was cancelled as he was not present on the date of judgment and sentenced to undergo R.I. for 01 year and 6 months (i.e. for 18 months) and to pay the fine of Rs.2,000/-.

2. I.A. No.3698 of 2025 has been filed on behalf of the appellant for suspension of sentence and for grant of bail, during pendency of the present Criminal Appeal.

3. Heard Mr. Anurag Kumar, learned counsel for the appellant and Mr. Sardhu Mahto, learned APP for the State.

4. Learned counsel for the appellant submitted that the impugned judgment and sentence passed by the learned Court is illegal and not sustainable in law. Learned counsel for the appellant submitted that the appellant remained in custody for 1

year two months and 22 days which is mentioned in page 2 of the impugned judgment. Thereafter the appellant was arrested on 09.02.2015 and since then he is in jail i.e. for more than 2 months and 14 days and thus the appellant has remained in custody for one (01) year and five (05) months and hence the appellant may be enlarged on bail.

5. On the other hand, learned APP has opposed the prayer for bail.

6. Having heard learned counsel for both the sides, it appears that the appellant is said to have carried 23 bags of Ammonium Nitrate and each bag was of 50 K.G.

7. It appears that the appellant was driver of the vehicle in question which was carrying explosive substance.

8. It appears that the appellant has remained in custody for around one (01) year and five (05) months out of R.I of 18 months. Thus, he has completed more than 3/4 of the sentence.

9. Considering the custody of the appellant, the appellant namely Rajesh Rawani @ Chhotu Rawani @ Rajehs @ Rasehs is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each, to the satisfaction of Sri Ghulam Haider, learned Additional Sessions Judge-I, Koderma in connection with Sessions Trial No.146 of 2015 + 51 of 2016, arising out of Domchanch P.S. Case No.70 of 2015, (G.R. No.624 of 2015).

10. Thus, I.A. No.3698 of 2025 is allowed and stands disposed of.

(Sanjay Prasad, J.)

Saket/-