Citation : 2025 Latest Caselaw 7906 Jhar
Judgement Date : 19 December, 2025
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (S.J) No. 153 of 2024
Suleman Sandi Purti ...... 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 : Mrs. Vani Kumari, Advocate
For the State : Mr. Fahad Allam, APP
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th
09/Dated:19 December, 2025
I.A. No.2405 of 2024
Heard Mrs. Vani Kumari, learned counsel for the appellant and Mr. Fahad Allam, learned APP for the State.
2. Learned APP has prayed for time for filing objection to I.A No.2405 of 2024.
3. It appears that this Criminal Appeal was filed in the year 2024 and I.A. No.2405 of 2024 was filed as early as on 23.02.2024 almost two years. However, till date objection has not been filed by the State.
4. Though the case was listed before the Co-ordinate Bench (Hon'ble Mr. Justice Sanjay Kumar Dwivedi) of this Court on 18.06.2024 and 16.12.2024 and also before this Court on 20.08.2025.
5. Even vide order dated 20.08.2025 this Court had directed the State to inform about the criminal antecedent report of the appellant and also to file objection, but neither the objection has been filed nor the criminal antecedent report of the appellant has been received.
6. This Criminal Appeal has been on behalf of the appellant by challenging the judgment of conviction dated 08.01.2024 and sentence dated 12.01.2024 passed by Sri Satyakam Priyadarshi,
learned Additional Sessions Judge-II, Khunti in S.T. Case No.84/2021/S.T. No.201 of 2021 (Arki P.S. Case No.01 of 2021) by which the appellant has been convicted for the offences under Section 25(1-A) and 25(1-B)a of the Arms Act and sentenced to undergo R.I. for seven (07) years with the fine of Rs.5,000/ and R.I. for three (03) years with the fine of Rs.2000/ respectively.
7. As per FIR, it is alleged that the informant and the Police Personnels have arrested the appellant on 01.01.2021 with one A.K-47 Riffle and 31 pieces of cartridges.
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 law. It is submitted that the appellant is in custody since 31.12.2020 and he has remained in custody for five (05) years out of R.I. for seven (07) years.
On being questioned by this Court, Mrs. Vani Kumari, learned counsel for the appellant submitted that appellant has got around seven (07) criminal antecedent to her knowledge. However, on the ground of custody, the appellant may be enlarged on bail.
9. Learned APP has opposed the prayer for bail. It is submitted that the appellant was caught with one A.K-47 Riffle and 31 Bullets. It is submitted that on his disclosure other fire arms were also recovered. It is submitted that appellant has got criminal antecedents also. However, he failed to file any document.
10. Having heard learned counsel for the parties and on going through the impugned judgment and sentence passed by the learned Court below, it appears to be a case of encounter between the police personnels and the extremists including the appellant near the Kulburu Hockey Field in the district of Khunti and thereafter the appellant was apprehended with one A.K-47 Rifle Magazine containing 25 live cartridge and 6 pieces of 12 bore cartridges and other articles.
11. It appears that the appellant has remained in custody for around five (05) years.
12. It further appears that till date the State has failed to file any objection to I.A. No.2405 of 2024.
13. Considering the custody of the appellant, the appellant namely Suleman Sandi Purti, is directed to be released on bail, on furnishing bail bonds of Rs.15,000/- (Fifteen Thousand only) with two sureties of the like amount, to the satisfaction of learned Additional Sessions Judge-II, Khunti in S.T. Case No.84/2021/S.T. No.201 of 2021 ( (Arki P.S. Case No.01 of 2021), subject to the condition that one of the bailors must be the own relative of the appellant.
14. Thus, I.A. No.2405 of 2024 is allowed and stands disposed of.
(Sanjay Prasad, J.) Dated: 19.12.2025 Saket/-
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