YABESH RAI Vs. STATE OF SIKKIM

JUDGEMENT

(1.) This is an application under Section 389 (1) of the Code of Criminal Procedure, 1973 (Cr.P.C.) for suspension of sentence pending the appeal as well as for release of the Appellant on bail. The Appellant has been convicted by the learned Trial Court under Section 279/323/342 and 506 of the Indian Penal Code, 1860 (IPC) the period of imprisonment for each of these offences is six months. It has been directed that the sentences shall run concurrently.

(2.) Heard Mr. Anjan Sharma, learned Counsel for the Appellant and Mr. S. K. Chettri, learned Counsel for the Respondent.

(3.) The learned Counsel for the Appellant submits that the Appellant was on bail throughout the trial and never misused the liberty so granted. The learned Trial Court had suspended the sentence vide order dated 30.03.2019 with the direction to produce certified copy of the order passed in appeal. It is asserted that the Appellant shall not abscond in the event that the Appellant is granted bail. The learned Counsel for the Appellant further submits that all the offences for which the Appellant has been convicted for are bailable offences.