& vs The State Of Tripura
2023 Latest Caselaw 472 Tri

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                         HIGH COURT OF TRIPURA
                               AGARTALA
                             Crl.Rev.P. No.32/2023
                                       &
                    I.A. No.01/2023 in Crl.Rev.P. No.32/2023
Sri Dilip Debnath
                                                         ......... Petitioner(s).
                                  VERSUS
The State of Tripura
                                                        .........Respondent(s).

For Petitioner(s) : Mr. D. Datta, Advocate.

For Respondent(s) : Mr. Ratan Datta, P.P., Mr. Sumit Debnath, Addl. P.P.

HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH

Order 02/06/2023

Crl.Rev.P. No.32/2023:

The appellate Court of learned Sessions Judge, South Tripura,

Belonia has by the impugned judgment dated 04.05.2023 passed in

Criminal Appeal No.30 of 2019 confirmed the judgment of conviction and

order of sentence passed by the learned Chief Judicial Magistrate, South

Tripura, Belonia in case No. PRC(WP) 45 of 2014 arising out of Baikhora

P.S. case No.05/2014 vide judgment dated 18.11.2019 whereby the sole

convict/appellant/petitioner herein was convicted under Sections 279/304-A

of the IPC and under Section 187 of the M.V. Act and ordered to suffer

simple imprisonment for one year with a fine of Rs.2,000/- under Section

304-A of the IPC with a default sentence and further sentenced to pay fine of

Rs.1,000/- under Section 279 of the IPC or to suffer default sentence and

also sentenced him to pay fine of Rs.500/- with a default sentence under

Section 187 of the M.V. Act.

Heard learned counsel for the respective parties.

Admit.

Call for the lower court records from the Court of learned

Sessions Judge, South Tripura, Belonia in connection with case No.

Criminal Appeal 30 of 2019.

Office to prepare Paper Book upon receipt of LCRs.

Matter [Crl.Rev.P. No.32 of 2023] be listed for hearing in due

course.

I.A. No.01/2023 in Crl.Rev.P. No.32/2023:

Mr. D. Datta, learned counsel for the revision petitioner/

applicant, has prayed for suspension of sentence through I.A. No.01 of 2023.

He submits that the petitioner/applicant has all along been on bail during

trial and during the pendency of the appeal. Petitioner/applicant has good

grounds to succeed as the learned trial Court and the learned appellate Court

have not appreciated the evidence in its correct perspective. As such, the

sentence may be suspended pending hearing of the revision petition.

Mr. Ratan Datta, learned Public Prosecutor, has opposed the

prayer.

Having regard to the facts and circumstances noted above, the

nature and gravity of the offence and the fact that the petitioner/applicant has

remained all along on bail during trial and during pendency of the appeal, I

am inclined to grant the privilege of suspension of sentence to the petitioner/

applicant during pendency of this revision petition subject to deposit of the

fine amount in the Court below within a period of two weeks. The

petitioner/applicant shall, however, be enlarged on bail on the same

conditions under which he is already on bail to the satisfaction of the learned

Chief Judicial Magistrate, South Tripura, Belonia.

I.A. stands disposed of.

(APARESH KUMAR SINGH), CJ

Date: 2023.06.03 PULAK BANIK 14:03:31 +05'30'