Jharkhand High Court
Vijay Yadav @ Rahulji vs The State Of Jharkhand on 5 March, 2025
Author: Navneet Kumar
Bench: Navneet Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (SJ) No. 377 of 2024
Vijay Yadav @ Rahulji, age about 25 years, S/o Ramsundar Yadav, Resident
of Pasangan, P.O. Palheya, P.S. Manika, District Latehar.
--- --- Appellant
Versus
The State of Jharkhand --- --- Respondent
.......
CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR
For the Appellant : Mr. Ashok Kumar, Advocate
For the State : Mr. Pankaj Kumar Mishra, APP
I.A. No. 6276 of 2024
06/05.03.2025 Heard learned counsel for the appellant and the learned APP
representing the State.
2. The instant interlocutory application has been filed for
suspension of sentence of the appellant by enlarging him on bail
during pendency of the instant criminal appeal, which has been
preferred against the judgment of conviction dated 27.05.2024 and
order of sentence dated 14.06.2024 passed in S.T. No.202/2013
arising out of Chandwa P.S. Case No.122 of 2013 by the learned
Additional Sessions Judge-II, Latehar whereby the appellant has
been convicted for the offence punishable under Sections 25(1-
A),26(ii), 25(1-B)/35 of the Arms Act and 17 of C.L.A. Act and
sentenced to undergo R.I. for five years for the offence punishable
under Section 25(1-A) of the Arms Act, and a fine of Rs.50,000/-
and in default of payment of fine, 06 months S.I., further directed to
undergo R.I. for five years under Section 26(ii) of the Arms Act,
and a fine of Rs.50,000/- and in default of payment of fine, S.I. for
six months, further directed to undergo R.I. for two years under
Section 25(1-B)/35 of Arms Act, and a fine of Rs.20,000/- and in
default of payment of fine, S.I. for four months, further directed to
undergo R.I. for two years under Section 17(2) C.L.A Act. All the
sentences were directed to run concurrently. The period undergone
during trial by the accused/appellant directed to be set off.
3. It is submitted on behalf of the appellant that the maximum
sentence awarded to the appellant is five years and he has remained
in jail as appearing from the record, in the pre-conviction period
from 07.01.2013 to 20.09.2014 and further he has surrendered on
07.03.2024 and since then, he is in custody and as such about two
and half years of the sentence has already been served by the
appellant.
4. Further it has also been pointed that there is nothing on
record to show about his criminal history, therefore it is urged on
behalf of the appellant that let the appellant be enlarged on bail after
suspending the order of sentence.
5. On the other hand, learned APP appearing on behalf of the
State has opposed the contentions raised by the appellant and
submitted that huge quantity of arms and ammunitions have been
recovered from the possession of the appellant but did not
controvert this fact that the maximum sentence awarded to the
appellant is five years and half of the sentence has been served by
the appellant.
6. Heard the parties, perused the record of the case including the
LCR and other exhibits.
7. In view of the persuasive submission advanced by the learned
counsel for the appellant, it is found just and proper to enlarge the
appellant on bail.
8. Accordingly, the appellant named above is directed to be
released on bail on furnishing of bail bond of Rs.25,000/- (Rupees
Twenty Five thousand) with two sureties of the like amount each to
the satisfaction of learned Additional Sessions Judge-II, Latehar in
connection with S.T. No.202/2013 arising out of Chandwa P.S. Case
No.122 of 2013.
9. I.A. No. 6276 of 2024 is allowed.
(Navneet Kumar, J.)
Basant/S.Das
2 Cr. Appeal (SJ) No. 377 of 2024
