RANJIT GHIMIREY Vs. STATE OF SIKKIM

JUDGEMENT

(1.) Heard on I.A. No.01 of 2024 which is an application for bail under Sec. 389 of the Code of Criminal Procedure, 1973 (for short 'Code') read with Sec. 482 of the same Code, seeking suspension of sentence imposed on the Appellant/convict.

(2.) It is submitted by Learned Counsel for the Appellant that the Appellant was convicted by the Court of the Learned Special Judge (PC Act, 1988), at Gangtok, in ST (Vig) Case No.02 of 2019 for the offences punishable under Ss. 468, 471, 420 read with Sec. 34 and 120B(2) of the Indian Penal Code, 1860, vide the impugned Judgment dtd. 21/2/2024 and Order on Sentence of the same date.

(3.) Appeal assailing the Judgment has been filed before this Court. That, vide the Order on Sentence the Appellant was sentenced to undergo simple imprisonment for a term of three years under each of the Ss. that he was convicted for, along with direction to pay fine of ? 10,000/- (Rupees ten thousand) only, each, under each of the Ss. . A default clause of imprisonment on non-payment of fine was also imposed. That, the Learned Trial Court had granted bail to the convict/Appellant duly suspending his sentence for the period of two months from 21/2/2024. The bail granted by the Learned Trial Court expired on 20/4/2024. That, the convict is a responsible citizen, a Sikkimese with his home and hearth in Sikkim. He has no reason to abscond. That, throughout the trial from 2019 up to 21/2/2024 the Appellant has not violated the terms and conditions of the bail granted to him. That, the Appellant is 51 years of age with various ailments, he has a school going son and wife, who are dependent on him. That, his detention in prison would prejudice his family and hence, the convict be granted bail and his sentence suspended pending the hearing on appeal.