MADAN SUBBA Vs. STATE OF SIKKIM

JUDGEMENT

(1.) Heard on I.A. No.01 of 2024 which is an application for bail under Sec. 389(1) of the Code of Criminal Procedure, 1973 (for short '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 Sec. 420 read with Sec. 34 and 120B(2) of the Indian Penal Code, 1860, and also under Sec. 13(1)(c) and (d) punishable under Sec. 13(2) of the Prevention of Corruption Act, 1988, 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 a period of for 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. 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 convict Appellant is 66 years, of age a chronic patient of diabetes and is under medication and constant review. That, although the Appellant is from Darjeeling, West Bengal, there is no reason for him to abscond having faced the trial while on Bail. 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.