[Cites 2, Cited by 0]
Jharkhand High Court
Abhishek Kumar Sahu vs The State Of Jharkhand on 1 December, 2025
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (SJ) No.301 of 2022
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Abhishek Kumar Sahu ......Appellant
Versus
The State of Jharkhand ......Respondent
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Appellant : Ms. Sonal Pandey, Advocate
For the State : Mr. Subodh Kr. Dubey, APP
......
st
Order No.21/01 December 2025
I.A. No.3533 of 2022 & I.A. No.13881 of 2024
1. Learned counsel for the appellant seeks permission to
withdraw these Interlocutory Application No.3533 of 2022 and
Interlocutory Application No.13881 of 2024.
2. Learned counsel for the State raised no objection.
3. Under the circumstances, learned counsel for the appellant
is permitted to withdraw these Interlocutory Application No.3533
of 2022 and Interlocutory Application No.13881 of 2024.
4. Accordingly, these Interlocutory Application No.3533 of
2022 and Interlocutory Application No.13881 of 2024 stand
disposed of as not pressed for.
5. This Criminal Appeal (SJ) has been filed on behalf of the
appellant by challenging the judgment of conviction and sentence
dated 18.12.2021 passed in Sessions Trial Case No.11 of 2015
(arising out of Khunti P.S. Case No.63/2014 corresponding to G.R.
Case No.217/2014) by Sri Satyakam Priyadarshi, then learned
Additional Sessions Judge-II, Khunti by which the appellant along
with two others have been convicted for the offences under
Sections 25(1-B)a/35 and 26 of the Arms Act and sentenced to
undergo R.I. for a period of three (03) years and R.I. for a period of
two (02) years respectively and to pay the fine of Rs.1000/- and
Rs.1000/- respectively.
However, all the sentences have been directed to run
concurrently.
6. I.A. No.14424 of 2025 has been filed under Section 430
of BNSS on behalf of the appellant for suspension of sentence and
grant of bail.
7. Heard learned counsel for the appellant and learned APP.
8. Learned counsel for the appellant submitted that the
impugned judgment and sentence passed by the learned Court
below is illegal and not sustainable in eye of law. It is submitted
that earlier the appellant has been granted provisional bail for a
period of one (01) month vide order dated 18.12.2021 by the
learned Court below. It is submitted that the appellant could not
surrender within the time and his period of provisional bail
expired. Thereafter he has surrendered before the learned Court
below on 04.10.2025. It is submitted that the appellant has
remained in custody for around ten-eleven (10-11) months during
trial from May 2014 to March 2015. It is submitted that the
appellant is in custody since 04.10.2025 i.e. around two (02)
months. It is submitted that the appellant has remained in custody
for more than one (01) year and hence he may be enlarged on bail.
9. On the other hand, learned APP has opposed the prayer of
bail of the appellant. It is submitted that the appellant was caught
red handed with one pistol of .315 bore and three (03) live
cartridges which are restricted fire arms. It is submitted that the
appellant has surrendered only after issuance of N.B.W against him
in the light of order dated 18.08.2025 passed by this Court and
hence the prayer of bail of the appellant may be rejected.
10. Having heard learned counsel for both the sides and from
perusal of the records of this case, it appears that the appellant was
convicted for the offences under Sections 25(1-B)a/35 and 26 of
the Arms Act and sentenced to undergo R.I. for a period of three
(03) years and R.I. for a period of two (02) years respectively and
to pay the fine of Rs.1000/- and Rs.1000/- respectively.
11. It appears that this criminal appeal was filed on
06.04.2022 on behalf of the appellant before this Court and even
the delay of filing of this appeal was condoned vide order dated
28.04.2023 by the Co-ordinate Bench (Justice Navneet Kumar as
then His Lordship was).
12. It transpires that this appeal was adjourned on 12.05.2023,
04.07.2023 before the Co-ordinate Bench (Justice Navneet Kumar
as then His Lordship was) of this Court and also on 11.11.2024,
27.11.2024, 16.12.2024 and 03.01.2025 before the Co-ordinate
Bench (Hon'ble Mr. Justice Sanjay Kumar Dwivedi) of this Court.
Thereafter, this criminal appeal was listed on 21.01.2025 and
11.02.2025 before the Co-ordinate Bench (Hon'ble Mr. Justice
Ambuj Nath) of this Court. Thereafter, this case was again listed on
27.02.2025 before the Co-ordinate Bench (Justice Navneet Kumar
as then His Lordship was) of this Court and finally this criminal
appeal was listed on 03.04.2025 before this Court. Thereafter, vide
order date 18.08.2025 passed by this Court, NBW was issued
against the appellant then he has surrendered before the learned
Court below on 04.10.2025.
13. It appears that from the order 17.03.2015 passed by the
Co-ordinate Bench (Justice D.N. Upadhyay as then His Lordship
was) in B.A. No. 6769 of 2014, the appellant remained in custody
for around ten-eleven (10-11) months during trial from May 2014
to March 2015. Let it be kept on record.
14. It appears that seizure list witnesses have been declared
hostile by the prosecution.
15. It appears that there were sufficient opportunities for the
appellant to get his provisional bail confirmed but due to delay of
negligence on his own part, the matter remained pending.
16. Considering the facts and circumstances of this case and
also considering the custody of the appellant, the appellant namely
Abhishek Kumar Sahu is directed to be released on bail, on
furnishing bail bonds of Rs.20,000/- (Rs. Twenty Thousand) with
two sureties of the like amount each, to the satisfaction of Sri
Satyakam Priyadarshi, learned Additional Sessions Judge-II,
Khunti or/his Successor Court in connection with Sessions Trial
Case No.11 of 2015 (arising out of Khunti P.S. Case No.63/2014)
subject to the condition that one of the bailers must be the own
relative of the appellant
17. Thus, I.A. No.14424 of 2025 is allowed and stands
disposed of.
(Sanjay Prasad, J.)
Dated 01.12.2025
Nishant/-
