MAKRAJ LIMBOO Vs. STATE OF SIKKIM

JUDGEMENT

(1.) An application under section 389 (1) of the Code of Criminal Procedure, 1973 (for short ,,Cr.PC) has been preferred by the appellant who has filed the Criminal Appeal pursuant to his conviction by the learned Sessions Judge on 30.07.2019 for the offence of rape for which he has been sentenced to undergo rigorous imprisonment for a term of 7 years.

(2.) Section 389 Cr.PC provides, pending any appeal by a convicted person, the Appellate Court may, for reasons to be recorded by it in writing, order that the execution of the sentence or order appealed against be suspended and, also, if he is in confinement, that he be released on bail, or on his own bond.

(3.) Heard Mr. N. Rai, learned Senior Counsel for the appellant and Mr. S. K. Chettri learned Assistant Public Prosecutor for the State.