PEMA TSHERING BHUTIA Vs. STATE OF SIKKIM

JUDGEMENT

(1.) This is an application under section 389(1) of the Code of Criminal Procedure, 1973 (Cr.P.C.) for suspension of sentence and grant of bail pending disposal of the appeal.

(2.) Ms. Zola Megi, learned counsel for the appellant submits that the order on sentence was passed on 31.08.2021 by which the appellant has been sentenced to one year each under section 354 and 506 of the Indian Penal Code, 1860 (IPC). Both the sentences have been directed to run concurrently. It is submitted that the appellant was arrested on 06.04.2021 as per the arrest memo and thus he has already undergone sentence of more than seven months as on date. As statutory appeal has been preferred against the impugned judgment dated 28.08.2021 and order on sentence which has now been admitted for hearing, the appellant may be granted bail.

(3.) Mr. S.K. Chettri, learned Additional Public Prosecutor submits that as the appellant has been convicted by the learned Trial Court, his sentence ought not to be suspended.