For vs Ms. C. Mog
2023 Latest Caselaw 55 Tri

                                     Page 1 of 2




                       HIGH COURT OF TRIPURA
                         _A_G_A_R_T_A_L_A_
                   I.A.No.01 of 2023 in Crl. A(J). No.02 of 2023
For Applicant(s)        :    Mr. P. K. Biswas, Sr. Advocate.
                             Ms. C. Mog, Advocate.
For Respondent(s)        :   Mr. R. Datta, Public Prosecutor.

HON'BLE THE CHIEF JUSTICE (ACTING) _O_ R_ D_ E_ R_ 12/01/2023 Heard Mr. P. K. Biswas, learned senior counsel assisted by Ms. C. Mog, learned counsel appearing for the applicant. Also heard Mr. Ratan Datta, learned Public Prosecutor, appearing for the respondent-State.

This present application has been filed under Section-389 of Code of Criminal Procedure for suspending the judgment and order of conviction and sentence dated 11.11.2022 passed by the learned Special Judge (NDPS), Dhalai Judicial District, Ambassa in case No. Special (NDPS) 29 of 2019 convicting the applicant under Section-21(b) of the NDPS Act, 1985 and sentencing him to suffer rigorous imprisonment for 5 years and to pay a fine of Rs.50,000/- in default to pay the fine, to suffer further rigorous imprisonment for 6 months and further convicted the applicant under Section-25 of the NDPS Act and sentenced the applicant to suffer rigorous imprisonment for 3 years and to pay a fine of Rs.20,00/- in default to suffer further rigorous imprisonment for further period of 6 months and lastly convicted the applicant under Section-29 of the NDPS Act and sentenced the applicant to suffer RI for 2 years and to pay a fine of Rs.20,000/- in default to suffer further RI for 6 months with a direction that all the sentences shall run concurrently.

The applicant has prayed for the following reliefs:

"In the premises, aforesaid, it is, therefore, humbly prayed your Lordship would graciously be pleased enough to consider the above facts and may please to suspend the order of judgment and order of

conviction and sentence dated 11.11.2022 passed by the learned Special Judge (NDPS), Dhalai Judicial District, Ambassa in case No. Special (NDPS) 29 of 2019, till disposal of the criminal appeal or pass such other order or orders as to Your Lordship may deem fit and proper."

Considering the aforesaid aspects and after going through the evidence on record, this Court is of the opinion that the accused-person may be released on bail by furnishing bail security of Rs.25,000/- with two sureties and personal bail bond for like sum to the satisfaction of the concerned Court.

The interlocutory application stands allowed and disposed of.

CHIEF JUSTICE (ACTING)

A. Ghosh