LALIT SUBBA 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(1) of the Code of Criminal Procedure, 1973 (hereinafter, the 'Cr.P.C.'), seeking enlargement of the Appellant on bail and for suspension of sentence imposed on the Appellant.

(2.) It is submitted by Learned Counsel for the Appellant that upon his conviction and sentence vide the impugned Judgment and Order on Sentence both dtd. 30/9/2023, the Appellant/Convict was on the same date enlarged on bail in terms of Sec. 389(3) of the Cr.P.C. That, the Appeal before this Court was filed on 22/11/2023, well before completion of the statutory period. That, the instant matter was listed on 29/11/2023 and 30/11/2023 before a Learned Single Bench. Vide Order dtd. 29/11/2023, the Learned Single Judge ordered inter alia that the matter be placed on 30/11/2023 for further consideration of I.A. No.01 of 2023. Vide Order dtd. 30/11/2023, the Learned Single Judge further granted two days time to the Counsel for the Appellant for the purpose of establishing his case for suspension of sentence and grant of bail. In compliance of the above order, Affidavit dtd. 1/12/2023 was filed by the Appellant, placing additional documents. That, thereafter this matter has been listed today.

(3.) Learned Counsel while urging that the Appellant be permitted to remain on bail and continue on the same bail bonds, as per Order dtd. 30/9/2023 of the Learned Trial Court in Criminal Misc. (Bail) Case No.21 of 2023, put forth the submissions that the minor child of the Appellant (four years old) has been referred to AIIMS, New Delhi, on 20/9/2023, having been diagnosed with intractable seizure disorder and advised epilepsy surgery for the same. That, the wife of the Appellant is not competent to take the minor child for surgery to New Delhi, as she is illiterate. That, should the child be deprived of medical care, it will have long term repercussions on the quality of her life for no fault of her own. Hence, the Petition be given due consideration.