Citation : 2025 Latest Caselaw 7280 Jhar
Judgement Date : 1 December, 2025
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (SJ) No. 424 of 2025
Ramu Singh .... 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. Ruchi Mukti, Advocate
For the State : Mrs. Bandana Sinha, A. P. P.
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ORAL ORDER IN COURT
06/01.12.2025 This Criminal Appeal has been filed on behalf of the appellant through Jharkhand High Court Legal Services Committee.
2. I.A. No. 13392 of 2024 has been filed on behalf of the appellant for grant of bail of the appellant.
3. Heard learned counsel for the appellant and learned counsel for the State.
4. It appears that while admitting the case on 13.08.2025 by this Court, the custody of the appellant was not brought to the notice of this Court. Neither the learned counsel for the appellant nor the learned counsel for the State had pointed out that the period of sentence undergone by the appellant during the trial at the time of passing of the order on 13.08.2025, 15.09.2025, 14.10.2025 and 14.11.2025 by this Court.
5. Learned counsel for the appellant has submitted that the appellant has completed his sentence in light of the judgment dated 20.05.2024 and sentence dated 04.06.2024 passed by Ms. Prachi Mihra, learned Additional Sessions Judge- III, Khunti in Sessions Trial No. 108 of 2018 arising out of Rania P. S. Case No. 06 of 2017 [G. R. No. 144 of 2017].
6. It is submitted that the appellant is in custody since 19.04.2017 i.e. for more than eight (8) years.
7. From perusal of the judgment dated 20.05.2024 and sentence dated 04.06.2024 passed by Ms. Prachi Mishra, learned Additional Sessions Judge- III, Khunti in Sessions Trial No. 108 of 2018 arising out of Rania P. S. Case No. 06 of 2017 [G. R. No. 144 of 2017], it transpires that the appellant has been convicted for the offences under Sections 25 (1-A)/35 of the Arms Act, Section 26 (2)/35 of the Arms Act, Section 25 (1-B)/a35 of the Arms Act, and Section 17 (2) of the CLA Act and sentenced to undergo R. I. for six (6) years, R. I. for six (6) years, R. I. for two (2) years and R. I. for two (2) years respectively and also to pay the fine of Rs,. 10,000/-, Rs,. 10,000/- Rs,. 10,000/- and Rs,. 10,000/- respectively and in default of payment of fine, the appellant has been further sentenced to undergo S.I. for a period of three (3) months, S.I. for a period of three (3) months and S.I. for a period of two (2) months respectively.
However, no fine has been imposed for the offence under Section 17 (2) of the CLA Act.
8. It appears that the appellant has remained in custody for more than the sentence imposed upon him.
9. This is a case of recovery of one pistol and some cartridges from the appellant and also from the possession of other co-convicts.
10. Under the circumstances, call for explanation from the Jail Superintendent, Sub-Jail, Khunti as to why the appellant is still in jail custody, despite having completed his period of sentence.
11. Learned counsel for the State is directed to call for a report regarding the criminal antecedent of the appellant from Superintendent of Police, Khunti.
12. Superintendent of Police, Khunti and Jail Superintendent, Sub-Jail, Khunti are directed to remain physically present before this Court on 02.12.2025.
13. Put up this case on 02.12.2025.
14. Let the copy of this order be sent to Superintendent of Police, Khunti and Jail Superintendent, Sub-Jail, Khunti by FAX and also be handed over to the learned counsel for the State for the needful by today itself.
(Sanjay Prasad, J.) Dated 01.12.2025 Kamlesh/
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