Jharkhand High Court
Sawna Oraon vs The State Of Jharkhand ......Opp. Party on 8 May, 2025
Author: Sanjay Prasad
Bench: Sanjay Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Rev. No.364 of 2025
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Sawna Oraon ......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. Indrajit Sinha, Advocate
Mr. Akhouri Awinash Kumar, Advocate
For the State : Ms. Anuradha Sahay, A.P.P
......
Order No.03/08.05.2025
I.A. No.3752 of 2025
This Criminal Revision Application has been filed by the
petitioner by challenging the judgment of conviction and sentence
dated 16.06.2016 passed in Criminal Appeal No.211 of 2013 by
Md. Taufiqul Hassan, Additional Judicial Commissioner-XI,
Ranchi by which the appeal has been dismissed and thereby
affirming the judgment of conviction and order of sentence dated
13.08.2013 passed by Ms. Shweta Kumari, Judicial Magistrate
1st Class, Ranchi in connection with G.R. Case No.1747 of 2012
arising out of Lapung P.S. Case No.13 of 2012 corresponding to
T.R. No. 39 of 2013, by which the petitioner has been convicted
for the offences under Sections 25(1-B)a, and 26/ 35 of the Arms
Act and sentenced to undergo R.I. for one year and six months and
R.I. for two years and six months and to pay a fine of Rs.500/- and
Rs.1,000/- respectively.
Both the sentences have been directed to run concurrently.
2. I.A. No.3752 of 2025 has been filed on behalf of the
petitioner for suspension of sentence and grant of bail during the
pendency of this Criminal Revision.
3. Heard learned counsel for the petitioner and learned
counsel for the State.
4. Learned counsel for the petitioner submitted that the
impugned judgments and order of sentence passed by the learned
Courts below are illegal, arbitrary and not sustainable in eye of
law. It is submitted that the seizure list witnesses have not been
supported the prosecution case. The petitioner was in custody
05.04.2012 to 03.09.2012 i.e. for more than five months and
thereafter he has surrendered on 24.10.2024 till yet i.e. more than
6 months. Thus, the custody of the petitioner is around 11 months
out of SI for 2 years and six months and hence he may be enlarged
on bail.
5. Learned APP has opposed the prayer for bail and
submitted that the petitioner had been apprehended with one
country made pistol and the prayer for bail may be rejected.
6. Having heard learned counsel for both the sides and from
perusal of the records of this case, it appears that the seizure
witness have not supported the prosecution case.
7. It appears that the petitioner is in custody for more than 11
months.
8. Considering the facts and circumstances of this case and
also considering the custody of the petitioner, the petitioner namely
Sawna Oraon is directed to be released on, on furnishing bail
bonds of Rs. 15,000/- (Rs.Fifteen thousand) with two sureties of
the like amount each, to the satisfaction Ms. Shweta Kumari,
Judicial Magistrate 1st Class, Ranchi or her Successor Court in
connection with Ranchi in connection with G.R. Case No.1747 of
2012 arising out of Lapung P.S. Case No.13 of 2012 corresponding
to T.R. No. 39 of 2013.
9. Thus, I.A. No.3752 of 2025 is allowed and stands
disposed of.
10. Put up this case after six months 'For Orders'.
(Sanjay Prasad, J.)
Nishant/-
