Tapash Datta vs State Of Tripura

Aparesh Kumar Singh, CJ

Crl.Rev.P. No.33/2023:

The petitioner has preferred this revision petition against the judgment dated 17.05.2023 passed in Criminal Appeal No.01 of 2022 by the learned Sessions Judge, South Tripura, Belonia whereby and whereunder the judgment of conviction and order of sentence dated 09.12.2021 passed by the learned Judicial Magistrate 1st Class, Belonia, South Tripura in case No. PRC(WP) 94 of 2016 has been confirmed. Petitioner has been convicted under Sections 447 and 353 read with Section 34 of the IPC and has been sentenced to undergo simple imprisonment for 2(two) months with a fine of Rs.500/- and a default sentence under Sections 447/34 of the IPC and also sentenced to undergo simple imprisonment for 2(two) years under Sections 353/34 of the IPC.

Heard learned counsel for the respective parties.

Admit.

Call for the lower court records from the Court of learned Sessions Judge, South Tripura, Belonia in connection with case No. Criminal Appeal 01 of 2022.

Office to prepare Paper Book on receipt of LCRs.

Matter [Crl.Rev.P. No.33 of 2023] be listed for hearing in usual course.

I.A. No.01/2023 in Crl.Rev.P. No.33/2023:

Ms. V. Podder, learned counsel for the petitioner/applicant, has pressed the prayer for suspension of sentence made through I.A. No.01 of 2023. Learned counsel for the petitioner/applicant submits that the learned trial Court and the learned appellate Court have not appreciated the evidence in its correct perspective and there are errors in the impugned judgment which go to the root of the findings. Petitioner/applicant has remained in custody for 23 days during investigation. It is stated that the revision petitioner belonged to the State of Tripura and there is no chance of his absconding. As such, the sentence may be suspended pending hearing of the revision petition.

Mr. Ratan Datta, learned Public Prosecutor, has opposed the prayer.

Upon consideration of the rival submissions of the parties, the nature of the offence, the period of sentence and also the fact that the petitioner/applicant has remained in custody for 23 days during investigation, I am inclined to grant the privilege of suspension of sentence to the petitioner/applicant namely Tapash Datta during pendency of the revision petitions subject to deposit of the fine amount in the Court below within a period of two weeks. The petitioner/applicant shall, however, be enlarged on bail on the same conditions under which he is on bail to the satisfaction of the learned Judicial Magistrate 1st Class, Belonia, South Tripura.

I.A. No.01/2023 in Crl.Rev.P. No.33/2023 stands disposed of.