Deepak Rai vs State Of Sikkim

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

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.

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.

This is an appeal by the convict. The appeal having been admitted much of the sentence would be served during its pendency if the order on sentence is not suspended during the pendency of the present appeal.

In the circumstances, this Court is of the view that the order on sentence dated 30.05.2019 must be suspended during the pendency of the present appeal. It is ordered accordingly.

The learned Sessions Judge vide order dated 30.05.2019 suspended the sentence and granted the Appellant bail. The bail was for a period of 60 days from 30.05.2019. The period of 60 days expired on 29.07.2019. The Appellant preferred the appeal on 29.07.2019 itself. The Registry found certain defects in the appeal which was rectified and the Appellant resubmitted the present appeal on 30. 07.2019. When the Appellant failed to secure an order under Section 389 (1) Cr.P.C. from this Court it seems on 02.08.2019 he surrendered before the learned Sessions Judge at Namchi who vide order dated 02.08.2019 has committed him to Sikkim State Jail, Rongyek for serving the sentence.

The Appellant also submits that he has dependents who needs to be taken care of. The averment that he had been on bail during the entire trial is not disputed by the learned Assistant Public Prosecutor. No adverse material is available against the Appellant save the conviction which is being tested in the present appeal.

In the circumstances, this Court is of the view that the Appellant must also be given bail. It is ordered accordingly.

The Appellant shall be released on bail on personal bond and surety bond of Rs.30,000/- (Thirty Thousand) each. He shall also attend each date of hearing before this Court.

I.A. No. 01 of 2019 stands disposed.