SASHI SHEKHAR THAKUR Vs. STATE OF SIKKIM

JUDGEMENT

(1.) This is to consider an application for suspension of sentence and grant of bail under Section 397 of the Code of Criminal Procedure, 1973 (Cr.P.C.) pending the determination of the Revision Petition under Sections 397 and 401 Cr.P.C.

(2.) The learned Trial Judge convicted the Applicant under Section 354-A(1) of the Indian Penal Code, 1860 (IPC) and sentenced him to undergo simple imprisonment for a period of 2 years and fine of Rs.5000/- vide judgment and order both dated 30.04.2018. The learned Sessions Judge vide impugned judgment dated 24.10.2018 declined to interfere with the judgment of the learned Trial Judge but modified the provision of law clarifying that the conviction ought to have been under Section 354 A(1) (i) & (iv) IPC.

(3.) The Applicant was taken into custody on 24.10.2018 and has been lodged at the State Central Prison, Rongyek, East Sikkim ever since.