BED PRAKASH ADHIKARI Vs. STATE OF SIKKIM

JUDGEMENT

(1.) Heard on I.A. No.01 of 2023, which is an application filed by the Appellant under Sec. 389 read with Sec. 482 of the Code of Criminal Procedure, 1973.

(2.) Learned Counsel for the Appellant submits that the Appellant was convicted and sentenced to imprisonment in terms of the impugned Judgment and Order on Sentence, both dtd. 30/9/2023, passed by the Learned Special Judge (POCSO Act, 2012), at Mangan District, Sikkim, in S.T.(POCSO) Case No.02 of 2023, State of Sikkim vs. Bed Prakash Adhikari. That, the Prosecution has in fact failed to prove their case and all relevant grounds shall be agitated during the hearing on the Appeal pending before this Court. That, the Appellant has already undergone rigorous imprisonment of seven months till date and incarcerating him for a longer period would be to the prejudice of his family of which he is the sole earning member. That apart, he has two minor children who are uncared for presently due to the ill-health of his wife. He is a permanent resident of Lingi Payoung, Namchi District, Sikkim and would not abscond if enlarged on bail and will abide by any bail condition imposed by this Court.

(3.) Opposing the Bail Petition, Learned Additional Public Prosecutor submits that the victim was a child of five years at the time of the offence while the Appellant was a grown adult of 47 years. That, in such circumstances he deserves no consideration and ought not to be enlarged on bail in view of the gravity of the offence.