KONJENGBAM NILLAKOMOL SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) This petition has been filed by the petitioner under Sec. 389 Cr.P.C. praying to suspend the operation of the judgment dtd. 13/5/2019 and the order of sentence dtd. 27/5/2019 passed by the learned Sessions Judge, Thoubal in Sessions Trial Case No.29 of 2014 and to release the petitioner on bail during the pendency of the appeal.

(2.) The petitioner, who has been arrayed as the second accused in Sessions Trial Case No.29 of 2014 on the file of the learned Sessions Judge, Thoubal, was convicted under Sec. 304 Part II read with Sec. 34 of IPC and sentenced to undergo 8 years RI and to pay fine of Rs.20,000.00, in default, he was directed to serve Simple Imprisonment for a period of 6 months. Challenging the conviction and sentence imposed on the petitioner, he has filed criminal appeal before this Court. Along with the appeal, the petitioner has filed petition seeking to suspend the sentence stating that he has a very good case on merits and is likely to succeed in the appeal filed by him.

(3.) Mr. L. Seityandra, the learned counsel for the petitioner submitted that there are lot of infirmities in the impugned judgment and that the petitioner has got good case on merits to succeed in the appeal. He would submit that the petitioner was released on bail during the trial from 4/1/2005 till the date of judgment i.e. 13/5/2019 and while he was on bail, the petitioner did not attempt to abscond or tamper with any prosecution witnesses to hamper the trial. He would also submit that the release of the petitioner on bail shall not cause any inconvenience or prejudice to the prosecution.