For vs For
2021 Latest Caselaw 994 Tri

                           HIGH COURT OF TRIPURA
                                 AGARTALA

                                I.A 02 of 2021
                    In Crl. Rev. P. No. 03 of 2018 (D/O)

For Applicant(s)       :     Mr. D. Sarkar, Adv.

For Respondent(s)      :     Mr. R. Datta, P.P.

HON'BLE MR. JUSTICE S.G. CHATTOPADHYAY

Order

29/09/2021

By means of filing this I.A in Crl. Rev. P. No. 03 of 2018, the

petitioner whose conviction was upheld by this court by judgment and

order dated 30.06.2021 in Crl. Rev. P. No. 03 of 2018 has applied for

extension of time for surrendering before the trial court to suffer the

sentence on the ground that they have approached the Supreme Court

Legal Services Committee for filing an appeal in the Hon'ble Supreme

Court against the judgment and order of their conviction and sentence.

Heard Mr. D. Sarkar, learned advocate representing the

petitioners.

Heard Mr. R. Datta, learned P.P representing the State

respondent.

By judgment and order dated 30.06.2021 in Crl. Rev. P. No.

03 of 2018, conviction and sentence of the petitioners passed by the

trial court and affirmed by the appellate court was also upheld by this

court and the following order was passed:

"[38] In view of what is discussed above this court is of the view that there is no infirmity with regard to the conviction and sentence of the petitioners. Their conviction and sentence passed by the trial court has been rightly affirmed by the learned appellate court. Resultantly, the criminal revision petition stands dismissed.

[39] Both the convict petitioners are directed to surrender at the trial court (Court of the Judicial Magistrate First Class, Sabroom, South Tripura Judicial District) within a period of 2 (two) months from today to serve out the sentence failing which the trial court shall take appropriate steps in accordance with law to make them suffer the sentence."

Instead of surrendering before the trial court within the

stipulated period to suffer the sentence, the petitioners have again

approached this court seeking extension of time for surrendering before

the trial court on the ground that they will file an appeal in the Apex

Court.

Counsel argues that they would not be able to exercise their

right to appeal if they surrender before the trial court.

Contention is not acceptable. However, in view of the term of

their sentence two months' time is granted to the convict petitioners.

They will surrender before the trial court on expiry of the said

period to suffer the sentence unless otherwise directed by the Hon'ble

Supreme Court within this time.

In terms of the above, the I.A is disposed of.

Communicate this order to the trial court.

JUDGE

Rudradeep