ORDER

Date : 02-03-2023 This is an application under Section 389 Cr.P.C. praying for bail/suspension of sentence of the accused person/appellant vide impugned, dated 20.12.2022 and order, dated 21.12.2022 passed in case No.BSR/SESS-11/2018 by the learned Addl. Sessions Judge, Western Sessions Division, Basar, Leparada District, Arunachal Pradesh, whereby, the applicant/appellant was sentenced to undergo imprisonment for 2 years with fine of Rs.5,000/- each for offence under Sections 460/326 IPC and also to undergo imprisonment for 3 months for the offence under Sections 323/427 IPC.

It is submitted by the learned counsel for the petitioner that there is every chances of succeeding in the connected appeal. Initially, the charge was framed against the applicant/applicant under Sections 451 /325 / 326 /307 /352 /427 /506 /34 IPC but subsequently, he was convicted under Section 460/326/427 IPC without altering the charge.

It is further submitted that as the applicant/appellant was acquitted or discharge from Section 451 IPC, he cannot be convicted under Section 460 IPC unless the charge is being framed. At the same time, the applicant/appellant was also initially charged under Section 325