G.Mani Pandian, v. Kasinatha
Case brief
What is this about?
Single judge granted interim relief suspending substantial sentence and exempting petitioners from surrendering, directing monthly appearance until order on pending revision.
What did the court decide?
Suspension of substantive sentence of imprisonment and exemption from surrender; directed appearance before XX Metropolitan Magistrate on first working day of every month.
What the court decided
1
Crl.M.P.Nos.7029 & 7468 of 2017 in
Crl.R.C.No.763 of 2017
V.BHARATHIDASAN, J.,
The petitioners/A1 & A2, seek suspension of their sentence of imprisonment in Crl.M.P.No.7029 of 2017 and exemption from surrendering before the trial court in Crl.M.P.No.7468 of 2017.
- The petitioners/A1 and A2 and the other accused(A3 and A4) faced trial in SMMF.No.1 of 2010 on the file of the XX Metropolitan Magistrate Court, Rippon Building, Chennai and the trial Court, by a judgment dated 06.05.2016, convicted A1 to A4 under Section 16(1)(a)(i) of Prevention of Food Adulteration Act and sentencing them to undergo simple imprisonment for 3 months each and to pay a fine of Rs.1000/- each, convicting the petitioners/A1 and A2 under Section 16(1)(a)(i) for the offence of 7(ii)(v) r/w. Section (ix)(k) to undergo simple imprisonment for 3 months each, and to pay a fine of Rs.1000/each, convicting A3 and A4 under Section 16(1)(a)(i) for the offence of 7(ii)(v) r/w. Section (ix)(k) to undergo simple imprisonment for 3 months each, and to pay a fine of rs.1000/- each and convicting A3 and A4 Rule 50(1) to undergo simple imprisonment for 3 months each and to pay a fine of Rs.1000/-.
- Challenging the above said conviction and sentence, the petitioners/A1 & A2 and other accused preferred an appeal in C.A.No.194 of 2016 on the file of the XIX Additional Sessions Court, City Civil Court, Chennai and the lower appellate court confirmed the conviction and sentence and dismissed the appeal, by a judgment dated 17.04.2016.
Issues for consideration
2 issues framed by the court
Whether the substantial sentence of imprisonment should be suspended during the pendency of the revision petition.
Whether the petitioners should be exempted from surrendering before the trial court.
Parties & counsel
- applicant
A1
- applicant
A2
Coram
V. BHARATHIDASAN
Case details
As recorded by the court registry
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