Chitraman Chettri vs State Of Sikkim

Meenakshi Madan Rai, J

Heard on I.A. No.01 of 2023 which is an application filed by the Petitioner, seeking suspension of sentence of one year with fine of ₹ 5,000/- (Rupees five thousand) only, with default clause of imprisonment, imposed by the Learned Court of Judicial Magistrate, Jorethang Sub-Division, under Section 408 of the Indian Penal Code, 1860, in GR Case No.15 of 2019 and upheld by the Learned Court of the Sessions Judge, at Namchi, Sikkim, in Criminal Appeal Case No.03 of 2022. The Petitioner also seeks enlargement on Bail.

It is the Petitioner’s case that he has been granted Bail under Section 389(3) of the Code of Criminal Procedure, 1973, by the Learned Judicial Magistrate, Jorethang Sub-Division, vide Order dated 28-02-2023, in Criminal Misc. Case No.04 of 2023, to enable him to approach this Court. That, he was on Bail throughout the trial and during the pendency of the Appeal and he did not misuse his liberty or violate the terms of any of the conditions of Bail imposed by the Learned Trial Court. That, he is a permanent resident of Sikkim and if enlarged on Bail, he will not abscond or contravene the conditions imposed thereof.

Learned Additional Public Prosecutor submits that he has no objection to the prayer for Bail considering the good conduct of the Petitioner during the trial and the pendency of the Appeal, inasmuch as when he was on bail he did not misuse his liberty or violate the terms of the Bail conditions.

Having heard Learned Counsel for the parties in extenso and considered the submissions put forth, I am of the considered opinion that this is a fit case where the Petitioner can be enlarged on Bail.

It is accordingly ordered that the Petitioner be enlarged on Bail on furnishing PB&SB of ₹ 20,000/- (Rupees twenty thousand) only, each, with one solvent surety, to the satisfaction of the Learned Court of Judicial Magistrate, Jorethang Sub-Division, at Jorethang. He shall, however, not leave the State without the prior permission of the said Court.

Sentence imposed by the Learned Trial Court and upheld by the Learned First Appellate Court stands suspended till further orders of this Court.

I.A. No.01 of 2023 is allowed and disposed of accordingly.

A copy of this Order be sent to the Learned Courts below.