Sikkim High Court

Crl. A./13/2024 of KUMAR SUBBA Vs STATE OF SIKKIM on 10 September 2024

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COURT OF SIKKIM Record of Proceedings Crl. A . No.13 of 2024 KUMAR SUBBA APPELLANT VERSUS STATE OF SIKKIM RESPONDENT Date: 10.09.2024 CORAM: THE HON’BLE MRS. JUSTICE MEENAKSHI MADAN RAI, JUDGE For Appellant Mr. D. K. Siwakoti, Advocate (Legal Aid Counsel). For Respondent Mr. S. K.

KUMAR SUBBA

Crl. A. No.13 of 2024

APPELLANT

VERSUS

STATE OF SIKKIM Date: 10.09.2024

RESPONDENT

CORAM:

THE HON’BLE MRS. JUSTICE MEENAKSHI MADAN RAI, JUDGE

For Appellant Mr. D. K. Siwakoti, Advocate (Legal Aid Counsel).

For Respondent Mr. S. K. Chettri, Additional Public Prosecutor.

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ORDER

I.A. No.01 of 2024 is an application seeking withdrawal of the instant Appeal filed by the Appellant. Learned Legal Aid Counsel for the Appellant submits that the Appellant was convicted vide the Judgment of the Court of the Learned Judge (Fast Track) South and West Sikkim, at Gyalshing, dated 26-02-2024, in Sessions Trial (Fast Track) Case No.01 of 2023 (State of Sikkim vs. Kumar Subba), and was sentenced to undergo simple imprisonment for a term of three years and to pay a fine of ₹ 10,000/- (Rupees ten thousand) only, under Section 354 of the Indian Penal Code, 1860 (hereinafter, the “IPC”) and to undergo rigorous imprisonment for a term of two years and to pay a fine of ₹ 8,000/- (Rupees eight thousand) only, under Section 354A(2) of the IPC, with a default stipulation. Both the sentences of imprisonment were ordered to run concurrently. That, the Appellant does not seek to pursue the Appeal as he has already served a major part of the sentence imposed on him.

Not opposed.

Considered and ordered accordingly.

In the said circumstances, the Appeal stands disposed of as withdrawn.

Copy of this Order be transmitted forthwith to the Learned Trial Court along with its records.

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