High CourtsSingle Bench(2023) 08 JH CK 0045

Kamlesh Ghashi @ Kamlesh Nayak @ Kamlesh Ghanshi vs State Of Jharkhand

Jharkhand High Court · Decided on 21 August 2023

HON’BLE JUDGES
Gautam Kumar Choudhary, J
CASE NUMBER
Bail Application No. 4226 Of 2023

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Judgment

7 paragraphs · 274 words

Gautam Kumar Choudhary, J

Petitioner above-named who is in custody since 11.11.2022 has moved this Court for grant of regular bail in connection with S.T. Case No.70 of 2023 (Latehar P.S. Case No.279 of 2022 & G.R. No.45 of 2023) registered under Sections 25(1-A), 26 of the Arms Act and Section 17 of the CLA Act.

Heard the parties.

It is submitted by learned counsel for the petitioner that from bare reading of the order passed by the learned Trial Court, it appears that there is only reference to seizure of a loaded pistol, but there is no further details whether it came under the prohibited category or not. It is submitted that the offence under the Arms Act, as alleged will not be made out.

Learned APP for the State has vehemently opposed the prayer. It is submitted that there is direct and specific allegation against him and he is a member of a banned organization. He does have criminal antecedent as he is also involved in four such serious cases. The charge has already been framed. With regard to the argument regarding non-applicability of Section 25(1-A) of the Arms Act is concerned, it is submitted that charge has been framed, but no discharge petition was filed taking this plea.

Considering the nature of allegation and gravity of offence, I am not inclined to enlarge the petitioner on regular bail and accordingly, the same is rejected.

However, learned court below is directed to expedite the trial and conclude the same at the earliest preferably within a period of six months. Thereafter the petitioner will be at liberty to renew his prayer for bail.