Jharkhand High Court
Gomeya Topno @ Vijay Topno @ Sanjay Topno vs The State Of Jharkhand ....... Opp. ... on 17 January, 2025
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 990 of 2023
Gomeya Topno @ Vijay Topno @ Sanjay Topno
...... Petitioner
Versus
The State of Jharkhand ....... Opp. Party
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the Petitioner : Mr. Ritesh Kumar, Advocate
For the State : Mr. Navin Kumar Ganjhu, APP
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th
07/Dated:17 January, 2025
I.A. No.9938 of 2024
This Criminal Revision Application has been filed on
behalf of the petitioner challenging the judgment dated
24.06.2023 passed by Sri Satya Prakash No.II, learned Sessions
Judge, Khunti in Cr. Appeal No.12 of 2023 by which the appeal
filed on behalf of the appellant has been partly allowed by
acquitting the petitioner for charge under section 17 of the CLA
Act but upholding the judgment of conviction and sentence
dated 23.03.2023 passed by Sri Dinesh Bauri, learned SDJM,
Khunti in connection with GR Case No.268 of 2019 arising out
of Karra P.S Case No.44 of 2019 by which the petitioner has
been convicted for the offences under Sections 25(1-B)a and 26
of the Arms Act by the learned SDJM, Khunti and has been
sentenced to undergo R.I for a period of three years and R.I for
three years respectively and to pay the fine of Rs.5000/- and
Rs.5000/- respectively.
2. I.A. No.9938 of 2024 has been filed on behalf of the
petitioner for suspension of sentence and for grant of bail to the
petitioner, during pendency of the present Criminal Revision
Application.
3. Heard Mr. Ritesh Kumar, learned counsel for the
petitioner and Mr. Navin Kumar Ganjhu, learned APP for the
State and perused the scanned copies of the Lower Court
Records.
4. It is submitted that the impugned judgments and sentence
passed by the learned Courts below are illegal and not
sustainable in law. It is submitted that this is a case of recovery
of one country made pistol and three (03) live cartridges from
the accused petitioner and for which he has been directed to
undergo R.I for three years and three years respectively for the
offences under Sections 25(1-B)a and 26 of the Arms Act and
Section 17 of the CLA Act. It is submitted that the petitioner has
got no criminal antecedent and he is in custody since 05.07.2024
and has filed surrender certificate and since then he is in jail.
Earlier also the petitioner was in custody from 26.05.2019 to
28.11.2019 i.e. for around six months and thus, he has remained
in custody for more than one year and hence the petitioner may
be enlarged on bail.
5. On the other hand learned APP has opposed the prayer for
bail. It is submitted that there is recovery of one country made
pistol and along with three (03) live cartridges. Hence, the
prayer for bail may be rejected.
6. Having heard learned counsel for both the sides and on
going through the records of this case, it appears that petitioner
was apprehended with one country made pistol and two (02) live
cartridges and one (01) misfired cartridge by the police on
26.05.2019.
7. Considering the custody of the petitioner and on the facts
and in the circumstances of this case, the petitioner namely
Gomeya Topno @ Vijay Topno @ Sanjay Topno 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 learned SDJM, Khunti in connection with GR Case
No.268 of 2019 arising out of Karra P.S Case No.44 of 2019,
subject to the condition that one of the bailors must be the own
relative of the petitioner and one of the bailors must be having
landed property in the district of Khunti.
8. Thus, I.A. No.9938 of 2024 is allowed and stands disposed
of.
9. Put up this case after six months in usual course as per
seriatim 'For Admission.'
10. Let the name of Mr. Navin Kumar Ganjhu, learned APP be
appeared in the daily cause list henceforth.
(Sanjay Prasad, J.)
Saket/-
