IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. APP (SJ) No.1027 of 2008
MD. SHAHABUDDIN
Versus
STATE OF BIHAR
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5 07.01.2009 Heard.
The appellant has prayed for bail who has been
convicted under various sections of Arms Act including section
25(1A), 35, 25(1-B), and sentenced to undergo rigorous
imprisonment for 10 years.
Counsel for the appellant submits that admittedly the
appellant was not in the house wherefrom the arms and
ammunitions of different categories/bore are said to have been
recovered.
Referring to the findings recorded by the learned Trial
Court at para 19, it has been submitted that the Trial Court has
also recorded the finding that there was some interpolation in
the F.I.R. by inserting in the last but one paragraph. The Trial
Court in the said paragraph has observed thus:
“I find that the informant has made interpolations
in the F.I.R. by inserting in the last but one
paragraph that “brother of the accused namely
Shamsuddin disclosed that the room from where
the arms and ammunitions were recovered is bed
room of the accused.”
It has further been submitted that there has not been
any notification in terms of the provision of the Act so as to
indicate that 9 m.m pistol is prohibited category of arms.
Counsel has further criticised the stand of the trial court in
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taking aid of section 35 of the Arms Act for connecting the
appellant.
This Court finds that the appellant was not on bail prior
to the conviction. To this, counsel for the appellant submits that
he has remained in custody since 7.11.2005.
Having regard to the facts appearing on record, this
Court, for the present, is not inclined to admit the appellant on
bail. His prayer for bail stands rejected.
The appellant is, however, given liberty to renew his
prayer for bail after six months if in the mean while the appeal
does not mature for final hearing.
pkj (Kishore K. Mandal, J)
