BIDHAN SABDAKAR Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Public Prosecutor on the prayer for suspension of sentence made through IA No.01 of 2023. Petitioner is aggrieved by the judgment dtd. 27/4/2023 passed by the appellate Court of learned Sessions Judge, North Tripura, Dharmanagar in Case No. Criminal Appeal No.14 of 2022 whereby the judgment of conviction and order of sentence dtd. 31/10/2022 passed by learned Chief Judicial Magistrate, North Tripura in Case No. PRC(WP) No.56 of 2016 under Sec. 326 of the IPC has been affirmed. Petitioner has been sentenced to undergo RI for 2 years with a fine of Rs.25,000.00and default sentence in lieu thereof.

(2.) Learned counsel for the petitioner submits that the petitioner has all along been on bail during trial and not misused the privilege of bail. There are good grounds in the instant revision petition to succeed. As such, the petitioner may be granted the privilege of suspension of sentence during pendency of the revision petition. He is a daily labourer and only bread-earner of the family with parents, wife and minor children to maintain. The provisional bail period has expired but petitioner is undergoing treatment and therefore he could not surrender.

(3.) Learned Public Prosecutor does not oppose the prayer. Having considered the submissions of learned counsel for the parties and having gone through the impugned judgments and the sentence of 2 years imposed upon the petitioner, I am inclined to grant privilege of suspension of sentence during pendency of the revision petition on furnishing of the bail bonds of Rs.5,000.00 with two sureties each of the like amount to the satisfaction of the learned Chief Judicial Magistrate, North Tripura, Dharmanagar. Bailors and petitioner shall submit their Aadhaar card and mobile number at the time of release. Both the petitioner and bailors shall not change their address and mobile number without permission of the trial Court. Application stands disposed of.