Jharkhand High Court
Ropna Oraon vs The State Of Jharkhand on 12 June, 2025
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (S.J) No. 381 of 2025
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Ropna Oraon ......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 : Mr. Sunil Kumar Upadhyay, Advocate
For the State : Mr. Tarun Kumar, A.P.P
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Order No: 02/Dated: 12.06.2025
This Criminal Appeal has been filed on behalf of the
appellant by challenging the judgment of conviction and sentence
dated 28.02.2023 passed in S.T No. 473/2017 (arising out of
Chanho P.S. Case No. 31/2017 corresponding to G.R. Case No.
1228/2017) by Sri Shahzad Mohammad Shahzad, learned A.J.C-
XXI, Ranchi by which the appellant has been convicted for the
offence under Section 25(1-B)a and Section 26 of the Arms Act
and sentenced to undergo R.I for two (02) years and R.I for one
(01) year respectively and to pay the fine of Rs. 2,000/- and
Rs. 1,000/- respectively.
However, all the sentences have been directed to run
concurrently.
2. I.A No. 5285 of 2025 has been filed on behalf of the
appellant under Section 5 of the Limitation Act for condoning the
delay of 723 days in filing this instant Criminal Appeal.
3. Learned counsel for the appellant has submitted that the
appellant is a poor person and without having any male member
of his family and his wife is working in "ETTA BHATTA"
i.e. (Brick Kiln). It is submitted that the appellant is in custody
since 28.02.2023 to till date and due to financial crunch, the
appellant could not file the appeal in time and hence, the delay of
723 days in filing this instant Criminal Appeal may be condoned.
4. Learned counsel for the State raised serious objection and
prays for time to file counter affidavit.
5. Having heard learned counsel for both the sides and in
view of the averments made in Paragraph nos. 3 to 6 of the
I.A No. 5285 of 2025 and also considering the fact that the
appellant is in custody for two (02) years and around four (04)
months, the delay of 723 days in filing this instant Criminal
Appeal is, hereby, condoned.
6. Thus, I.A No. 5285 of 2025 is allowed and stands
disposed of.
7. I.A No. 5284 of 2025 has been filed on behalf of the
appellant under Section 430 (1) of BNSS 2023 for suspension of
sentence and for grant of bail.
8. Learned counsel for the appellant has submitted that the
appellant is innocent and has not committed any offence. It is
submitted that earlier the appellant was arrested from his house on
15.03.2017 and he was remained in custody till 23.12.2017 i.e. for
more than nine (09) months. It is further submitted that after
pronouncement of judgment of conviction and sentence dated
28.02.2023, the appellant is still in jail since 28.02.2023 i.e. for
more than two (02) years and around four (04) months and thus,
the appellant has served more than the sentence prescribed by law
and hence, the appellant may be enlarged on bail.
9. Learned counsel for the State prays for time to file
objection.
10. This Court is surprised to see the conduct of the Jail
Superintendent and State Authorities for not releasing the
appellant even after completion of the sentence.
11. This is a case of recovery of one country made pistol.
12. Considering the facts and circumstances of this case and
also the custody of the appellant, the appellant namely Ropna
Oraon is directed to be released on bail on furnishing bail bond of
Rs. 10,000/- with two sureties of the like amount each to the
satisfaction of Sri Shahzad Mohammad Shahzad, learned A.J.C-
XXI, Ranchi/or his successor Court.
Cr. Appeal (S.J) No. 381 of 2025
13. Call for the explanation from the Jail Superintendent,
Ranchi for not releasing the appellant even after completion of
two (02) years of his sentence as the conduct of the Jail
Superintendent shows that he has not applied his mind.
14. Call for also the explanation from the Jail Superintendent,
Ranchi as to why necessary order be not passed against him for
keeping the appellant in custody even after serving the entire
sentence and the State Authorities for not paying the
compensation to the appellant for his illegal detention.
15. The Jail Superintendent, Ranchi is directed to remain
physically present before this Court on the next date fixed in this
case.
16. Put up this case on 16th June 2025.
17. Let a copy of this order be sent to the learned Court below
by FAX today and be also handed over to the learned counsel for
the State and which may be communicated to the Jail
Superintendent, Ranchi for the needful.
(Sanjay Prasad, J.)
Avinash/
