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2025 DIGILAW 666 (JHR)

Kapil Gope, son of Narayan Gope v. State of Jharkhand

2025-02-27

SANJAY PRASAD

body2025
ORDER : SANJAY PRASAD, J. This Criminal Revision has been filed on behalf of the petitioner by challenging the judgment dated 17.08.2024 passed in Criminal Appeal No. 14 of 2024 by Sri Sanjeev Bhatia, learned Additional Sessions Judge-IV- Gumla by which learned Additional Sessions Judge-IV, Gumla has dismissed the appeal filed by the petitioner by affirming the judgment of conviction and order of sentence dated 11.06.2024 passed by Sri Manoranjan Kumar-II, learned Assistant Sessions Judge-I, Gumla in S.T. No. 233 of 2014 arising out of Sisai P.S. Case No. 93 of 2011 ( G.R. Case No. 587 of 2011) by which the petitioner has been convicted for the offences under sections 25(1A)/35 of Arms Act and section 353/34 of the I.P.C. and sentenced to undergo R.I. for two (02) years and to pay the fine of Rs. 2,000/- for offence under section 353/34 of the I.P.C. and R.I. for 05 years and to pay the fine of Rs. 5,000/- for the offence under section 25 (IA) /35 of Arms Act. 2 . I.A. No. 995 of 2025 has been filed on behalf of the petitioner for grant of bail, during pendency of the present Criminal Revision Application . 3. Heard, learned counsel for the petitioner and learned counsel for the State. 4. It is submitted by the learned counsel for the petitioner that impugned judgments and sentence passed by the Courts below are illegal, arbitrary and not sustainable in eye of law. It is submitted that the learned Courts below while convicting the petitioner under section 25(1A)/35 of Arms Act have failed to appreciate the fact that no case under section Arms Act is made out against the petitioner. It is submitted that the Investigating Officer of this case has not been examined. It is submitted that the petitioner is in custody for around eight months from the date of judgment passed by the learned Court below and also the petitioner had remained in custody from 06.07.2011 till 16.12.2011 during the trial and after dismissal of the appeal the petitioner surrendered on 11.06.2024 till now total custody is about 15 months and hence, the petitioner may be enlarged on bail. 5. On the other hand, the learned A.P.P. appearing for the State has opposed the prayer for bail and submitted that one Desi Rifle was recovered from the possession of the petitioner 6. 5. On the other hand, the learned A.P.P. appearing for the State has opposed the prayer for bail and submitted that one Desi Rifle was recovered from the possession of the petitioner 6. Perused the F.I.R., Lower Court Records of this case, and considered the submission of both the sides. 7. It appears that one Country made Rifle and two live bullets of .315 were recovered from the petitioner. 8 . It appears that the petitioner is in custody since 11.06.2024 and he also remained in custody earlier for more than five (05) months and the Lower Court Record reveals that total custody of the petitioner is about 15 months . 9. Considering the facts and in the circumstances of the case and considering the period of custody of the petitioner, namely Kapil Gope is directed to be released on bail, on furnishing bail bond Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Sri Manoranjan Kumar-II, learned Assistant Sessions Judge-I, Gumla or his Successor Court in S.T. No. 233 of 2014 arising out of Sisai P.S. Case No. 93 of 2011 ( G.R. Case No. 587 of 2011) subject to the condition that one of the bailors must be the own relative of the petitioner. 10 . Thus, I.A. No. 995 of 2025 is allowed and stands disposed of. Cr. Rev. No. 948 of 2024 11. Put up this case on month of September, 2025 for “Admission”.