ATIULLAH Vs. STATE OF SIKKIM

JUDGEMENT

(1.) Application under Section 389(1) of the Code of Criminal Procedure, 1973 (for short "Cr.P.C"), Learned Counsel for the Applicant seeks suspension of sentence dated 29-12-2016, passed by the Learned Fast Track Court, South & West Sikkim, at Gyalshing, in Sessions Trial (F.C.) Case No.05 of 2016, and for release of the Applicant/Convict/Appellant on ball till disposal of the Appeal. It is submitted that the offences under which he was convicted were under Sections 354/341/506 of the Indian Penal Code, 1860 (for short "IPC"), of which the longest sentence imposed is for a period of one year under Section 354 of the IPC.

(2.) That, the Convict was on bail during the trial and even on conviction his sentence was suspended by the Learned Fast Track Court under Section 389(3) of the Cr.P.C, during both the above periods he did not misuse the liberty afforded to him. It was prayed that consideration be taken of the fact that the Appellant has five minor daughters aged between eleven to two years and a wife, who are all dependent on him and hence, the Appellant be enlarged on bail.

(3.) Learned Public Prosecutor fairly conceded that there are plethora of decisions of the Hon'ble Apex Court which lay down that the Appellant may be enlarged on bail during the pendency of an Appeal and that he has no objection to the prayers of the Appellant.