DEEPAK RAI Vs. STATE OF SIKKIM.

JUDGEMENT

(1.) This is an application for suspension of sentence pending the appeal and release of the Appellant on bail.

(2.) Section 389 (1) of the Code of Criminal Procedure, 1973 (Cr.P.C.) grants power to the Appellate Court for suspension of the execution of the sentence or order appealed against and also for grant of bail. The order must however, give reasons in writing.

(3.) The Appellant has been convicted by the learned Sessions Judge, South Sikkim, at Namchi for a period of one year and a fine of Rs.1,000/- for the offence under Section 326 of the Indian Penal Code, 1860 (IPC). Section 326 IPC prescribes a punishment of imprisonment of life or with imprisonment of either description for a term which may extend to ten years. The learned Sessions Judge has deemed it fit and proper to sentence him for a period of one year only.