Jharkhand High Court
Rajesh Rai vs The State Of Jharkhand ......Opp. Party on 4 March, 2025
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 1208 of 2024
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Rajesh Rai ......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 Appellant : Mr. L.C Roy, Advocate
For the State : Mr. Sardhu Mahto, A.P.P.
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Order No. 06/Dated: 04.03.2025
This Criminal Revision Application has been filed on
behalf of the petitioner by challenging the judgment dated
19.03.2024 passed by Shri Shyam Nandan Tiwari, learned
Additional Sessions Judge-I, Madhupur (Deoghar) in Criminal
Appeal No. 01 of 2023 by which the appeal filed on behalf of the
petitioner has been dismissed thereby, affirming the judgment of
conviction and order of sentence dated 24.11.2022 passed by
Sri Amit Kumar Vaish, learned A.C.J.M, Madhurpur in connection
with G.R Case No. 269/2007 corresponding to Karon P.S. Case
No. 50/2007 by which the petitioner has been convicted for the
offence under Section 25 (1-B) a of the Arms Act and Section
26(1) of the Arms Act and sentenced to undergo R.I for three (03)
years each and to pay the fine of Rs. 10,000/- each respectively.
2. I.A No. 2863 of 2025 has been filed on behalf of the
petitioner for grant of bail during pendency of this Criminal
Revision Application.
3. Learned counsel for the petitioner has submitted that the
impugned judgments and order passed by the learned Courts
below are illegal, arbitrary and not sustainable in the eye of law. It
is submitted that false recovery of firearms has been shown against
the petitioner. It is submitted that the petitioner is in custody since
long. However, learned counsel for the petitioner could not say the
exact date of custody of the petitioner but he had submitted that
the petitioner was in custody when the learned Trial Court i.e. the
Court of A.C.J.M, Madhupur had passed the impugned judgment
and sentence on 24.11.2022 and hence, the petitioner may be
enlarged on bail.
4. On the other hand, learned A.P.P has opposed the prayer
for bail.
5. It is submitted that the impugned judgments and sentence
passed by the learned Courts below are fit and proper and no
interference is required. It is submitted there is recovery of
firearms from the petitioner and hence, the prayer for bail of the
petitioner may be rejected.
6. Having heard learned counsel for both the sides and while
going through the Lower Court Records, it appears that the F.I.R
was lodged against the petitioner on 24.06.2007 under Section 25
(1-B) a/26 of Arms Act and the police had submitted charge sheet
against the petitioner under Section 25 (1-B) a/26 of Arms Act on
28.08.2007.
7. It appears from the impugned judgment of conviction and
order of sentence passed by the learned A.C.J.M, Madhupur on
24.11.2022 that the petitioner was produced on the strength of
production warrant from Karo P.S. Case No. 46/2007 instituted
under Section 364 A of I.P.C and he was awarded punishment of
R.I for three (03) years under Section 25 (1-B) a of the Arms Act
and also for the offence under Section 26 (1) of the Arms Act and
sentenced to undergo R.I for three (03) years each and to pay the
fine of Rs. 10,000/- each respectively on 24.11.2022.
8. It further appears that the learned Appellate Court below
while dismissing the Criminal Appeal No. 01 of 2023 vide order
dated 19.03.2024 has not discussed as to whether the petitioner
was on bail or not? Even the learned Additional Sessions Judge-I,
Madhupur has simply dismissed the appeal on merit.
9. From perusal of Vakalatnama filed in this case by the
petitioner, it appears that the same was issued by the Jailor, L.J.N,
Central Jail, Hazaribagh on 22.08.2024 and which shows his
custody since 22.08.2024 in this case.
10. It appears that initially the petitioner was remanded in this
case on 07.07.2007 and he was released on bail on 20.06.2008 in
the light of order dated 08.05.2008 in B.A No. 2108 of 2008 by the
High Court of Jharkhand, Ranchi but he has filed his bail bond on
09.07.2008. Thus, he has remained in custody for around one year.
11. It reveals from the Lower Court Records that the
petitioner has surrendered before the learned Court below on
19.11.2020 and he was released on bail on 31.03.2021 in the light
of order dated 23.03.2021 passed in B.A No. 3261 of 2021 by the
High Court of Jharkhand, Ranchi (i.e. for more than four (04)
months.
12. Thereafter, the petitioner was convicted by the impugned
judgment and sentence dated 24.11.2022 passed by the learned
A.C.J.M and he was produced on the basis of custody warrant
before the learned Court below on 24.11.2022.
13. The order sheet of the Trial Court further reveals about
receiving of order dated 19.03.2024 passed by the learned A.S.J-I,
Madhupur on 18.06.2024.
The learned Court has further vide order dated 12.12.2024
has referred regarding the order dated 04.12.2024 passed in
Criminal Revision No. 1208 of 2024 by which scanned copy of the
Lower Court Records were called for.
Thus, There is no order sheet between the period
24.11.2022, 23.02.2024, 18.06.2024 and 12.12.2024 respectively.
14. It further reveals that the Vakalatnama of the petitioner
was issued from the jail on 22.08.2024.
15. Considering the above facts and also considering the custody
of the petitioner as mentioned above, the petitioner namely Rajesh
Rai is directed to be released on bail during pendency of this case on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) only
with two sureties of the like amount each to the satisfaction of
Sri Amit Kumar Vaish, learned A.C.J.M, Madhurpur/or his successor
Court in connection with G.R Case No. 269/2007 corresponding to
Karon P.S. Case No. 50/2007.
16. Thus, I.A No. 2863 of 2025 is allowed and stands disposed
of.
17. Put up this case in the month of October 2025 under the
heading "For Admission".
(Sanjay Prasad, J.)
Avinash/
