DINESH AHIRWAR Vs. STATE OF SIKKIM

JUDGEMENT

(1.) An application under Sec. 397(1) of the Code of Criminal Procedure, 1973 (hereinafter, 'Cr.P.C.'), has been filed by the Petitioner herein, seeking enlargement on bail and suspension of the sentence imposed on him in Criminal Appeal No.01 of 2024 (Dinesh Ahirwar vs. State of Sikkim). The Learned Sessions Judge upheld the Judgment of conviction and the sentence of imprisonment of twelve months with fine and a default stipulation, imposed on the Petitioner, under Sec. 354D of the Indian Penal Code, 1860 (hereinafter, 'IPC'), by the Learned Judicial Magistrate (1st Class), Gangtok, Sikkim, vide Judgment dtd. 26/2/2024 and Order on Sentence dtd. 26/2/2024, in GR Case No.280 of 2021 (State vs. Dinesh Ahirwar).

(2.) It is the Petitioner's case that he was granted bail, vide Order dtd. 27/11/2024 by the Learned Sessions Judge, who afforded him sixty days time to surrender before the Learned Trial Court to undergo the sentence. That, he has however filed a Revision Petition and the instant application seeking suspension of the sentence and enlargement on bail before the expiry of the said sixty days. That, he has filed a Criminal Revision Petition before this Court challenging the legality and correctness of the conviction and sentence imposed on him.

(3.) Learned Public Prosecutor for the State-Respondent objected to the Petition for bail on grounds that, it is nowhere mentioned that the Petitioner is a resident of Sikkim. If enlarged on bail there is every likelihood that his appearance will not be secured and hence, the Petition under Sec. 397(1) of the Cr.P.C. be rejected.