CHANDRA KISHOR GOPE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IA (Cr.) No. 5269 of 2023 1. Heard the learned counsel for the appellant as well as the learned counsel for the State on the interlocutory application filed by the appellant for suspension of sentence during the pendency of this criminal appeal.

(2.) This criminal appeal was directed against the judgment of conviction dtd. 25/3/2023 and the order of sentence dtd. 28/3/2023, passed by the learned Sessions Judge, Khunti in Sessions Trial Case No. 75 of 2022, whereby and whereunder, the appellant has been convicted for the offence under Sec. 25(1-A) of the Arms Act and sentenced to undergo RI for 7 years and fine of Rs.5,000.00 and in default of fine further sentenced to undergo SI for 6 months and further convicted for the offence under Sec. 26/35 of the Arms Act and sentenced to undergo RI for 5 years and fine of Rs.5000.00 and in default of fine further sentenced to undergo SI for 6 months.

(3.) The learned counsel for the appellant has submitted that apart from the aforesaid Sec. , which have been alleged, the appellant was acquitted of the Sec. 17 of the Criminal Law (Amendment) Act and, therefore, the seriousness of the offence is considerably reduced. The learned counsel has further submitted that from the possession of the appellant two live cartridges and one mobile phone were recovered. The learned counsel has further submitted that the co-accused, namely, Manoj Barla in IA No. 7096 of 2023 in Cr. Appeal (SJ) No. 375 of 2023, from whom one loaded country made pistol, one live cartridge and one mobile phone were recovered, has been granted bail by this Court vide order dtd. 19/9/2023. The learned counsel has further submitted that there is no independent witness rather seizure witnesses are police personnel. The learned counsel has further submitted that the appellant is in custody since 25/3/2023 and during trial, the appellant was on bail. The learned counsel has further submitted that the appellant has no other criminal antecedent.