Sikkim High Court
Madan Subba vs State Of Sikkim on 6 May, 2024
Author: Meenakshi Madan Rai
Bench: Meenakshi Madan Rai
THE HIGH COURT OF SIKKIM : GANGTOK
(Criminal Appellate Jurisdiction)
DATED : 6th May, 2024
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SINGLE BENCH : THE HON'BLE MRS. JUSTICE MEENAKSHI MADAN RAI, JUDGE
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I.A. No.02 of 2024 in Crl.A. No.11 of 2024
Appellant/Petitioner : Madan Subba
versus
Respondent : State of Sikkim
Application under Section 389(1) of the
Code of Criminal Procedure, 1973
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Appearance
Ms. Zola Megi, Advocate for the Petitioner.
Mr. Yadev Sharma and Mr. Shakil Raj Karki, Additional Public
Prosecutors for the State-Respondent.
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ORDER (ORAL)
Meenakshi Madan Rai, J.
1. I.A. No.02 of 2024 is an application under Section
389(1) of the Code of Criminal Procedure, 1973, filed by the
Petitioner/convict seeking suspension of sentence and release on
bail till the final disposal of the Appeal.
2. Learned Counsel for the Petitioner submits that the
Petitioner was arrested in connection with this case on 03-09-2016
and enlarged on bail on 09-09-2016, vide Order in Crl. Misc. Case
(Vig.) Bail No.60 of 2016 (Madan Kumar Subba vs. State of
Sikkim) by the Court of the Special Judge, P.C. Act, East Sikkim, at
Gangtok. The bail was granted by imposing certain terms and
conditions. Thereafter, during the course of trial, the Petitioner
consistently attended the Court proceedings without violating any
terms and conditions laid down by the Learned Trial Court. That,
he was convicted vide the Judgment in ST (VIG) Case No.02 of
2019, dated 21-02-2024, for the offences punishable under Section
Madan Subba vs. State of Sikkim
420 read with Section 34 and Section 120B(2) of the Indian Penal
Code, 1860, and also under Section 13(1)(c) and (d) punishable
under Section 13(2) of the Prevention of Corruption Act, 1988. He
was sentenced to undergo simple imprisonment for a term of three
years under each of the Sections that he was convicted for, along
with direction to pay fine of ₹ 10,000/- (Rupees ten thousand)
only, each, under each of the convicted Sections. Default clause of
imprisonment on non-payment of fine was also imposed. That,
thereafter, he was enlarged on bail by the Learned Trial Court in
terms of Section 389(3) of the Cr.P.C. An Appeal against the
impugned Judgment was filed before this Court which was
admitted, however, the petition for suspension of sentence and
enlargement of the Petitioner on bail was rejected, vide Order of
this Court dated 26-04-2024 in I.A. No.01 of 2024, in Crl.A. No.11
of 2024, inter alia on grounds that the Petitioner/Convict had
flouted the order of the Learned Trial Court with impunity, as sixty
days allowed to him to file the Appeal and obtain bail from the
Appellate Court was not adhered to and he continued to remain at
large for almost sixty-six days. That, the circumstance arose out
of the Learned Counsel for the Petitioner being remiss and the fault
was not that of the convict who is an elderly person, aged about 66
years. That, he is a chronic patient of diabetes and is under
medication and constant review. That, original copies of the
medical report have also been filed herein. That, although the
Petitioner is from Darjeeling, West Bengal, there is no risk of him
violating the terms and conditions, if enlarged on bail, as his
conduct before the Learned Trial Court would reveal. That, he is a
respectable citizen and has no reason to abscond. That, in fact, his
Madan Subba vs. State of Sikkim
detention in prison would prejudice his family as his son and
daughter who were working in the State of West Bengal had to
leave their service in order to be with their mother in Sikkim, who
is alone after the incarceration of the Petitioner. Hence, the
Petition be considered sympathetically on the grounds raised and
the Petitioner be released on bail pending the Appeal and his
sentence be suspended accordingly.
3. Per contra, Learned Additional Public Prosecutor
submits that he has no objection to the petition as the grounds
advanced by the Learned Counsel are reasonable. That, the
Petitioner is a senior citizen, ailing and in requirement of constant
medical supervision, besides admittedly, it is the fault of the
Counsel for not taking timely steps in filing the petition under
Section 389 of the Cr.P.C. and the Appeal. That, he be enlarged by
imposition of certain conditions.
4. I have heard and considered the grounds put forth by
Learned Counsel for the parties. I have considered the conduct of
the Petitioner during the period when he was on bail before the
Learned Trial Court, his medical condition supported by documents
and his age.
5. In view of the said grounds, I am of the considered
opinion that this is a fit case where the Petitioner can be enlarged
on bail subject to the following conditions;
(i) He shall furnish PB&SB of ₹ 25,000/- (Rupees twenty-five
thousand) only, each, with one solvent surety, to the
satisfaction of the Learned Court of the Special Judge,
P.C. Act, East Sikkim, at Gangtok.
Madan Subba vs. State of Sikkim
(ii) He shall, however, not leave the State without the prior
permission of the said Court.
(iii) He shall appear before this Court on all dates fixed for
hearing of the Appeal.
(iv) Should he fail to report to this Court on the dates fixed,
his bail bonds shall stand cancelled and he shall be taken
into custody forthwith.
6. Sentence imposed by the Learned Trial Court against
the Petitioner vide the impugned Order on Sentence dated 21-02-
2024 accordingly stands suspended till further orders.
7. The observations made hereinabove are only for the
purposes of the instant I.A. and shall in no manner be construed as
findings on the merits of the Appeal.
8. I.A. No.02 of 2024 is allowed and disposed of
accordingly.
9. A copy of this Order be forwarded to the Learned Trial Court
immediately for information and compliance.
10. Copy of this Order also be forwarded to the Jail
Authority at the Central Prison, Rongyek, by e-mail for information
and necessary steps. A soft copy of the Order be also made over
to the Prisoner by the Jail Superintendent.
( Meenakshi Madan Rai )
Judge
06-05-2024
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