Bhupendra Debbarma vs The State Of Tripura
2023 Latest Caselaw 674 Tri

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                                 HIGH COURT OF TRIPURA
                                       AGARTALA
                                      Crl.A. No.17 of 2023
                                               and
                             IA No.01 of 2023 in Crl.A. No.17 of 2023
      Bhupendra Debbarma
                                                             .........Applicant/Appellant(s)
                                               Versus
      The State of Tripura
                                                                      .........Respondent(s)

For Applicant/Appellant(s) : Mr. Samarjit Bhattacharjee, Advocate, Mr. Kawsik Nath, Advocate.

For Respondent(s) : Mr. Ratan Datta, Public Prosecutor. HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH Order 23/08/2023

Crl.A. No.17 of 2023

Admit.

Call for the lower court records from the concerned Court.

Office to prepare Paper Book.

Matter be listed for hearing in usual course.

IA No.01/2023 in Crl.A. No.17 of 2023

Heard Mr. Kawsik Nath, learned counsel for the

applicant/appellant and Mr. Ratan Datta, learned Public Prosecutor on the

prayer for suspension of sentence made by the applicant/appellant through

IA No.01 of 2023.

The applicant/appellant has been convicted for the commission of

offence punishable under Section 324 of IPC vide impugned Judgment of

conviction and order of sentence dated 27.07.2023, passed by the learned

APARESH Digitally signed by APARESH KUMAR KUMAR SINGH Date: 2023.08.23 SINGH 21:37:38 +05'30'

Additional Sessions Judge, Dhalai Judicial District, Kamalpur in ST (T-1) 19 of

2017 whereby the applicant/appellant has been sentenced to suffer 03(three)

years rigorous imprisonment and to pay a fine of Rs.20,000/- only for the

offence punishable under Section 324 of IPC in default, to suffer S.I. for

3(three) months.

Mr. Kawsik Nath, learned counsel for the applicant/appellant,

submits that the findings of the learned Trial Court in the impugned judgment

suffer from errors in appreciation of evidence. The FIR was filed after a delay

of five days without any explanation. The learned Trial Court has failed to

appreciate the evidence of PW-1 who relied upon PW-2. There are other

infirmities in the impugned judgment. Applicant-appellant has all along been

on bail. Therefore, he may be granted the privilege of suspension of sentence

during pendency of this appeal and the provisional bail granted by the learned

Trial Court may be confirmed.

Mr. Ratan Datta, learned Public Prosecutor, does not seriously

oppose the prayer in view of the period of sentence imposed upon the

applicant/appellant.

Having considered the submissions of learned counsel for the

applicant/appellant and the State; and the findings placed from the impugned

judgment and also the period of sentence imposed upon the applicant/appellant

by the learned Trial Court, I am inclined to grant the privilege of suspension of

sentence to the applicant/appellant during pendency of this appeal. The

provisional bail granted by the learned Trial Court is confirmed with further

APARESH Digitally by APARESH signed

KUMAR KUMAR SINGH Date: 2023.08.23 SINGH 21:37:57 +05'30'

conditions that the applicant/appellant and his bailors shall submit their

Aadhaar Card and mobile number before the learned Trial Court within a

period of 2(two) weeks from today. The applicant/appellant and his bailors

shall not change their address and mobile number without permission of the

learned Trial Court.

IA stands disposed of.

                                                   APARESH               Digitally signed by
                                                                         APARESH KUMAR
                                                   KUMAR                 SINGH
                                                                         Date: 2023.08.23
                                                   SINGH                 21:30:54 +05'30'
                                                             (APARESH KUMAR SINGH), CJ

Pijush MUNNA SAHA Digitally signed by MUNNA SAHA Date: 2023.08.24 11:10:35 +05'30'