The High Court reduced the petitioner's sentence for theft and illegal possession of a firearm by crediting the period he spent in custody towards the term of imprisonment.
Sentenced period reduced by crediting the time spent in custody.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Rev. No. 1172 of 2018
Mustak Shekh
... Petitioner
-Versus-
The State of Jharkhand … Opposite Parties
--------- CORAM: HON’BLE MR. JUSTICE SANJAY PRASAD --------For the Petitioner : Mr. Kaushik Sarkhel, Advocate For the State : Mrs. Lily Sahay, A.P.P.
Order No. 08/ Dated: 14.07.2023
This Criminal Revision has been filed on behalf of the petitioner by challenging the Judgement dated 24.07.2018 passed in Criminal Appeal No. 18 of 2018 by Shri Pradeep Kumar Chourasia, learned Sessions Judge, Jamtara by which the appeal filed on behalf of the petitioner has been dismissed where by affirming the judgment of conviction and order of sentence dated 31.01.2018 passed by the learned Chief Judicial Magistrate, Jamtara in Karmatar P.S. Case No. 159 of 2016 corresponding to G.R. Case No. 991 of 2016 by which the petitioner has been convicted by the learned Chief Judicial Magistrate, Jamtara for the offence under section 414 of the I.P.C and sentenced him to undergo R.I. for one and half years . Although , the learned Chief Judicial Magistrate, Jamtara has acquitted the petitioner for the offences under section 25 (1-B)A/ 26 and 35 of Arms Act.
-2-
Jhopra More and started to chek the vehicle. At about 11:30 am, one person was seen coming by Motor cycle, who by seeing the police tried to run away and with the help of police force the said person was caught. During interrogation he stated his name Musak Shekh i.e. the petitioner. Since the place was lonely and no independent witness was presen, so considering Umesh Singh and Sidhnath Singh as Independent witness, his search was made and from the left side of his waist one country made pistol loaded with 315 cartridge was found. The petitioner failed to produce any license or document related to pistol and had also not produced any document related to motor cycle bearing No. JH-10AR/1977 by which he was travelling and he confessed that the motor cycle is stolen one. In the confessional statement he stated that one more stolen motor cycle is kept by him in the house of Rajendra Shaw at village Chapati and then the Police force went to the house of Rajendra Shaw and on the basis of confessional statement of Mustak Shekh one Hero Honda Passion Motor -cycle bearing No. JH-21C/4147 was recovered from the house of Rajendra Shaw for which Seizure list was also prepared.
A.P.P.
-3
lenient view has taken and the petitioner has remained in custody for around 15-16 months.
-4
-5
-6
(Sanjay Prasad, J.)
Bibha/
1 issue framed by the court
Whether the sentence imposed on the petitioner for theft of a motorcycle and possession of a pistol should be modified due to prolonged custody.
2 provisions across 2 enactments
Mustak Shekh
The State of Jharkhand
SANJAY PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
