Md Sikandar vs Stateof Manipur
2023 Latest Caselaw 185 Mani

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KABOR signed by
      KABORAMBA                                                               Item - 22
AMBAM M LARSON
LARSO Date:
      2023.05.15              IN THE HIGH COURT OF MANIPUR
N     13:03:08                          AT IMPHAL
        +05'30'

                                   MC(Crl.A.) No.11 of 2023

        MD SIKANDAR
                                                                     .... Applicant/s
                                           - Versus -

        STATEOF MANIPUR

                                                                   .... Respondent/s

BEFORE HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA

15.05.2023

[1] The appellant/convict has filed the present application under

Section 389 Cr.P.C. for enlarging on bail by suspending the operation of the

conviction and sentence order dated 28.02.2023 and 04.03.2023 during

pendency of the present appeal.

[2] Heard Mr. Ph. Sanajaoba, learned counsel for the

appellant/applicant and Mr. H. Samarjit, learned PP for the State.

[3] In the present case, the appellant has been convicted under

Section 21(b) of the ND&PS Act by judgment and order dated 28.02.2023

passed by the Ld. Spl. Judge (FTC) NDPS, Manipur in Special Trial Case

No.57 of 2018 and vide order dated 04.03.2023, he was sentenced to

undergo imprisonment of 3 years with fine of Rs.20,000/- (Rupees twenty

thousand) only and default simple imprisonment of 2 months.

[4] Mr. Ph. Sanajaoba, learned counsel for the appellant submits that as per Section 389(3) Cr.P.C. since the imprisonment is not exceeding 3

years and the appellant has filed appeal against the conviction, he is entitled

to be released on bail and he also submits that disposal of the appeal may

take some more time and the appeal may become infructuous if the

appellant is released on bail.

[5] Mr. Ph. Sanajaoba, learned counsel for the appellant relies upon

the judgment of Sunil Kumar Vs. Vipin Kumar reported in 2014 (8) SCC 868

at Para 13 in this regard.

[6] Mr. H. Samarjit, learned PP for the State seeks time to reply on the

application for suspension of sentence.

[7]        Fix on 16th May, 2023 (tomorrow).




                                                JUDGE


- Larson