Tripura High Court
Party Name : Suman Deb vs The State Of Tripura on 7 February, 2017
Bench: T. Vaiphei, S.C.Das
Case No :IA. 0000171/2017 Party Name : SUMAN DEB Vs THE STATE OF TRIPURA THE HONBLE THE CHIEF JUSTICE T. VAIPHEI THE HONBLE MR. JUSTICE S.C.DAS
07.02.2017.
Heard Mr. H. Debnath, the learned counsel for the applicant. Also heard Mr. A. Ghosh, the learned Public Prosecutor appearing for the State.
This is an application under Section 389 Cr.P.C for suspension of sentence imposed upon the appellant, who was convicted under Sections 307/325/379 IPC, for a period of 3(three) months. As stated in the application, apparently, the child who was delivered about 7(seven) months back is suffering from different paediatric ailments and needs better treatment in a better hospital. His wife is also stated to be physically not fit to move from one place to another for attending doctors due to her ill health. It is under the aforesaid circumstances that the applicant seeks bail for 3(three) months to take care of his baby of 7(seven) months for saving its life. The learned Public Prosecutor has no objection to suspension of the sentence for 3(three) months. On considering the prayer from all angles, we are of the view that there is force in the contention of the learned counsel for the applicant.
Resultantly, the impugned sentence in the judgment dated 17.12.2015 passed by the learned Addl. Sessions Judge (Court No.3), West Tripura, Agartala in S.T. No.62 of 2014 convicting the applicant under Sections 307/325/379 IPC shall remain suspended for a period of 3(three) months. Consequently, the applicant is allowed to remain on bail for a period of 3(three) months on his executing a P/R bond of `50,000/- (rupees fifty thousand) with one surety of the like amount to the satisfaction of the learned Addl. Sessions Judge (Court No.3), West Tripura, Agartala. The applicant shall surrender before the learned Addl. Sessions Judge (Court No.3), West Tripura, Agartala just after the expiry of three months to serve out the remaining period of his sentence. The application stands disposed of.
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