Shri Partha Bhowmik vs The State Of Tripura
2021 Latest Caselaw 573 Tri

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                           HIGH COURT OF TRIPURA
                               _A_G_A_R_T_A_L_A_
                     IA No.01 of 2020 IN CRL.A(J) No.35 of 2020
Shri Partha Bhowmik
                                                            .........Applicant(s)

                                       Versus

The State of Tripura

                                                            ......Respondent(s)

For Applicant(s) : Mr. J. Bhattacharjee, Advocate, Mr. S. Ghosh, Advocate.

For Respondent(s) : Mr. S. Debnath, Addl. P.P.

HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE ARINDAM LODH

_O_ R_ D_ E_ R_ 19/05/2021 (Akil kureshi, CJ)

Rule.

Mr. S. Debnath, learned Additional Public Prosecutor

waived Rule on behalf of the respondent.

This application is filed by the appellant-convict for

suspension of sentence pending appeal. By the impugned judgment of the

trial Court, he has been convicted for offences punishable under Section

498A and Section 306 of IPC and sentenced him to suffer rigorous

imprisonment of 3(three) years and 10(ten) years respectively.

Learned counsel for the applicant submitted that the

applicant has already undergone sentence of close to one and half years.

Presently hearing of appeal is not possible. The applicant has no criminal

antecedents. He was on bail pending trial. Even the evidence which the

learned Sessions Judge has relied upon to convict him is extremely weak.

On the other hand, learned Additional Public Prosecutor

opposed the bail application supporting the conviction recorded by the

Court below.

Having thus heard learned counsel for the parties and having

perused documents on record, we are inclined to release the applicant on

bail by suspending the sentence pending appeal considering that he is

facing fixed term sentence, he has already been in jail for about one and

half years and looking to the present situation in the State, the appeal is

unlikely to come up for hearing in near future.

Considering such circumstances, the sentence is suspended.

Applicant shall be released on bail upon furnishing a bond of Rs.10,000/-

(Rupees ten thousand) with two sureties of the like amount on same terms

and conditions as were imposed while granting bail pending trial.

However, there shall be no condition of reporting before the nearby

police station. The applicant shall remain present before the Court as and

when directed in future.

Application is disposed of accordingly. Rule made absolute.

Pending application(s), if any, also stands disposed of.

(ARINDAM LODH), J                                  (AKIL KURESHI), CJ




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