Partly allowed

A.Subash, Aged 18 Years, v. Deputy Superintendent of

Madras HC15 Jun 2017CRL MP/7401/2017

Case brief

AI extract

What is this about?

In special leave or appeal challenging conviction under SC/ST (POA) Act and other IPC chapters, the Court, finding arguable points in the appeal, suspended the substantive sentence of imprisonment and released the petitioners on bail subject to conditions.

What did the court decide?

Substantive sentence of imprisonment suspended; petitioners released on bail executing bond with two sureties conditioned to appear before Special Court monthly.

A.Subash, Aged 18 Years, Vs Deputy Superintendent of — Caste Atrocities | Madras HC (2017)

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Crl.M.P.No. 7401 of 2017

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Crl.A.No.317 of 2017

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V.BHARATHIDASAN, J.,

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The petitioners seek suspension of their sentence of imprisonment in Crl.M.P.No.7401 of 2017.

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The petitioners faced trial in S.C.No.276 of 2015 on the file of the Special Court for Exclusive Trial of Cases Registered under The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, Villupuram, and the trial Court, by a judgment dated 19.05.2017, convicted and sentenced the petitioners as detailed below :

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*Accused*	*Conviction* *under Section*		*Sen*	*tence*
A1 to A11	148 IPC	One year Rs.1000/- months S.I.	S.I. each each, in Each.	and to pay a fine of default, to undergo 3
A1	352 IPC	Three mont , in default,	hs S.I.and to underg	to pay a fine of Rs.500/- o 23 days S.I.
A1 to A11	323 IPC	One year Rs.1000/- months S.I.	S.I. each each, in Each.	and to pay a fine of default, to undergo 3
A1 to A11	3(1)(x) of SC/ST (POA) Act	One year Rs.1000/- months S.I.	S.I. each each, in Each.	and to pay a fine of default, to undergo 3
A1 to A11	506(i) IPC	One year Rs.1000/- months S.I.	S.I. each each, in Each.	and to pay a fine of default, to undergo 3

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The trial Court ordered the sentences to run concurrently.

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Challenging the above said conviction and sentence, the present appeal has been filed along with this petition for suspension of sentence.

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V.BHARATHIDASAN, J.,

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mrp

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The learned counsel appearing for the petitioners submit that there are lot of contradiction in the evidence of witnesses and there is also no evidence to prove the charge under Section 3(1)(x) of the SC/ST(POA) Act 1989.

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Heard the learned counsel appearing for the petitioners and perused the impugned judgments and the materials available on record.

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Taking into consideration of the submission of the learned counsel appearing for the petitioners, since there are some arguable points involved in the appeal, I am inclined to suspend the substantive sentence of imprisonment alone.

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Accordingly, pending appeal, substantive sentence of imprisonment alone is suspended and the petitioners are released on bail on each of them executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) each with two sureties each for a like sum to the satisfaction of the Sessions Judge, Special Court for Exclusive Trial of Cases Registered under The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, Villupuram, with further condition that they shall appear before the said court on the first working day of every month at 10.30 a.m., until further orders.

15.06.2017

mrp

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Crl.A.No.317 of 2017

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Crl.M.P.No.7401 of 2017

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http://www.judis.nic.in

A.Subash, Aged 18 Years, v. Deputy Superintendent of

Case brief

What is this about?

What did the court decide?

A.Subash, Aged 18 Years, v. Deputy Superintendent of

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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