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  5. September

Kumar Subba vs. State of Sikkim

Decided on 10 September 2024• Citation: Crl. A./13/2024• High Court of Sikkim
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                                                                      Court No.2    
                                     HIGH 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:                                                             
                                                                      JUDGE         
                     THE HON’BLE  MRS. JUSTICE MEENAKSHI  MADAN  RAI,               
                  For Appellant Mr. D. K. Siwakoti, Advocate (Legal Aid Counsel).   
                 For Respondent Mr. S. K. Chettri, Additional Public Prosecutor.    
                                           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
                              State of Sikkim vs. Kumar Subba                       
                 No.01 of 2023 (                        ), and was sentenced to     
                 undergo simple imprisonment for a term of three years and to pay a 
                               - (Rupees ten thousand) only, under Section 354 of the
                 fine of ₹ 10,000/                                                  
                 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.                                      
                                                           Judge                    
                                                           10.09.2024               
                 sdl