For vs For
2023 Latest Caselaw 57 Tri

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                        HIGH COURT OF TRIPURA
                          _A_G_A_R_T_A_L_A_
                    I.A.No.01 of 2023 in Crl. A(J). No.03 of 2023
For Applicant(s)         :   Mr. R. Ali, 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. R. Ali, 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 in connection with Case No.Special (NDPS) 29 of 2019 to exercise the power of suspension for granting bail and passing stay order on the judgment and order of conviction and sentence passed by the learned Special Judge (NDPS), Dhalai Tripura, Ambassa in Case No. Special (NDPS) 29 of 2019 vide judgment dated 11.11.2022 in which the learned Court below convicted and sentenced the applicant to suffer RI for 02(two) years and a fine of Rs.20,000/- only under Section-29 of the NDPS Act, 1985, in default of payment of fine he will undergo further RI for 6 months.

The applicant has prayed for the following reliefs:

i. Admit the petition of the instant petitioner and to suspend the order of conviction and sentence dated 11.11.2022 passed in Special (NDPS) 29 of 2019 passed by the learned Special Judge (NDPS), Dhalai Tripura, Ambassa and to allow him to release on bail on any such amount or amounts, condition or conditions as Your Lordship may seem fit and proper, also stay the execution of the conviction and sentence of the convict appellant petitioner mentioned herein above."

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