SANDEEP GAJMER Vs. STATE OF SIKKIM

JUDGEMENT

(1.) By filing I.A. No.02 of 2024, an application for suspension of Sentence and Bail under Sec. 389(1) of the Code of Criminal Procedure, 1973 (hereinafter, 'Cr.P.C.') the Petitioner seeks the reliefs thereunder.

(2.) The Petitioner was convicted of the offence under Sec. 376(1) of the Indian Penal Code, 1860 (hereinafter, the 'IPC'), in ST (POCSO) Case No.14 of 2022 (State of Sikkim vs. Sandeep Gajmer alias Sandeep Gazmer), vide the impugned Judgment dtd. 21/8/2024 and sentenced to undergo rigorous imprisonment for a term of ten years under Sec. 376(1) of the IPC, vide Order on Sentence dtd. 22/8/2024, by the Court of the Learned Special Judge (POCSO Act, 2012), Gangtok, Sikkim.

(3.) Advancing his arguments for the Petitioner, Learned Senior Counsel submitted that the Petitioner had earlier filed an application under the same provisions as the instant application, however this Court vide its Order dtd. 30/10/2024, had rejected it, one of the grounds for rejection being that, the Prosecution had submitted that, the arrest memo indicated that the Petitioner had jumped Bail as the relevant column had been 'tick marked' to that effect. That, in fact no such record appears before the Learned Trial Court and there was never any attempt by the Petitioner to abscond nor was the Petitioner absent on any date of hearing therein.