Sri Bidhan Sabdakar vs The State Of Tripura
2023 Latest Caselaw 528 Tri

                                 Page 1 of 2




                    HIGH COURT OF TRIPURA
                        _A_G_A_R_T_A_L_A_
             IA No.01 of 2023 IN CRL REV P No.34 of 2023
Sri Bidhan Sabdakar
                                                      ...... Applicant(s)

                             VERSUS
The State of Tripura
                                                       ......Respondent(s)

For Applicant(s) : Mr. Sankar Bhattacharjee, Advocate.

For Respondent(s) : Mr. Ratan Datta, Public Prosecutor.

HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH

_O_ R_ D_ E_ R_ 14/07/2023 Heard learned counsel for the petitioner and learned Public

Prosecutor on the prayer for suspension of sentence made through IA

No.01 of 2023.

Petitioner is aggrieved by the judgment dated 27.04.2023

passed by the appellate Court of learned Sessions Judge, North Tripura,

Dharmanagar in Case No. Criminal Appeal No.14 of 2022 whereby the

judgment of conviction and order of sentence dated 31.10.2022 passed by

learned Chief Judicial Magistrate, North Tripura in Case No. PRC(WP)

No.56 of 2016 under Section 326 of the IPC has been affirmed. Petitioner

has been sentenced to undergo RI for 2 years with a fine of Rs.25,000/-

and default sentence in lieu thereof.

Learned counsel for the petitioner submits that the petitioner

has all along been on bail during trial and not misused the privilege of

bail. There are good grounds in the instant revision petition to succeed.

As such, the petitioner may be granted the privilege of suspension of

sentence during pendency of the revision petition. He is a daily labourer

and only bread-earner of the family with parents, wife and minor children

to maintain. The provisional bail period has expired but petitioner is

undergoing treatment and therefore he could not surrender.

Learned Public Prosecutor does not oppose the prayer.

Having considered the submissions of learned counsel for

the parties and having gone through the impugned judgments and the

sentence of 2 years imposed upon the petitioner, I am inclined to grant

privilege of suspension of sentence during pendency of the revision

petition on furnishing of the bail bonds of Rs.5,000/- with two sureties

each of the like amount to the satisfaction of the learned Chief Judicial

Magistrate, North Tripura, Dharmanagar. Bailors and petitioner shall

submit their Aadhaar card and mobile number at the time of release. Both

the petitioner and bailors shall not change their address and mobile

number without permission of the trial Court.

Application stands disposed of.

(APARESH KUMAR SINGH) CJ

Dipesh