Kapil Pradhan vs State Of Jharkhand

This interlocutory application has been filed under Section 389(1) of the Code of Criminal Procedure, for suspension of the sentence and grant of ad-interim bail, to the appellant during the pendency of the appeal.

The appellant has been convicted for the offence under Sections 25(1-A)/35 of the Arms Act, and sentenced to undergo R.I. for 5 years and to pay a fine of Rs. 10,000/- on each count, by the court of learned Additional Sessions Judge-I, Simdega in S.T. Case No. 43 of 2018.

Having heard learned counsel for the appellant and learned A.P.P. and on perusal of the testimony of the P.W.-5 it appears that on secret information the police raided Kurdeg Bus Stand and apprehended three accused persons and on the basis of the confessional statement of the arrested accused persons, the appellant was made an accused in the case. It appears that no arms or ammunition were recovered from the possession of the appellant.

In view of the materials on record, the appellant is directed to be enlarged on bail, during the pendency of the appeal, on his furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of the learned Additional Sessions Judge-I, Simdega, in connection with Sessions Trial No. 43 of 2018, corresponding to G.R. No. 179 of 2017.

In the result I.A. No.1657 of 2020 stands allowed.