The Madras High Court suspended the substantive portion of the life imprisonment sentence imposed on the appellant convicted under S. 302 IPC. He was enlarged on bail to await the outcome of his criminal appeal.
Substantive sentence of imprisonment suspended; appellant enlarged on bail with sureties and condition to report monthly.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )
Monday, the Second day of April Two Thousand Eighteen
PRESENT
The Honble Mr.Justice C.T.SELVAM** and **The Honble Mr.Justice A.M.BASHEER AHAMED
CRL MP(MD) No.1670 of 2018 IN CRL A(MD) No.109 of 2018
SANKAR @ JEYASANKAR @ SIVASANKARAN ... PETITIONER/APPELLANT
Vs
THE STATE REP.BY,
THE INSPECTOR OF POLICE, UDAIYALIPATTI POLICE STATION, PUDUKKOTTAI DISTRICT.
CRIME NO.75 OF 2012. ... RESPONDENT/RESPONDENT
Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to suspend the sentence imposed on the petitioner passed by the Additional District and Sessions Judge and E.C.Court, Pudukkottai in S.C.No.122 of 2013 dated 20.12.2017 pending disposal of the above Criminal Appeal before this Honourable Court and thus render justice.
Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.K.BAALASUNDHARAM, Advocate for the petitioner and of MR.S.CHANDRASEKAR, Additional Public Prosecutor on behalf of the Respondent the court made the following order:-
[Order of the Court made by C.T.SELVAM, J. ]
Petitioner is arrayed as the sole accused in S.C.No.122 of 2013 on the file of the Additional District and Sessions Judge and E.C.Court, Pudukkottai and under judgment dated 20.12.2017 he has been convicted for offence u/s. 302 IPC and sentenced as follows:
Offence Sentence 302 IPC Life imprisonment and fine of Rs.2,000/- i/d 3 months S.I.
Petitioner has come forward with the above miscellaneous petition, seeking relief of suspension of sentence pending appeal.
https://hcservices.ecourts.gov.in/hcservices/ 2.Learned counsel for petitioner submits that as against First Information Report and the accident register in Crime No.75 of 2012,
informing involvement of six persons, charge sheet was only filed against petitioner / appellant. Further, the prosecution witnesses alleged that the injuries sustained by the petitioner / appellant are self-inflicted and though the occurrence took place on 14.05.2012 at 12.00 noon at Udayalipatti Paravayal Village, FIR was registered only at 9.30 p.m. Learned counsel for petitioner further submits that petitioner presently is confined at Central Prison, Trichy. Submitting as above, learned counsel prays for the grant of relief of suspension of sentence to petitioner herein.
4.Considering the facts and circumstances of the case, that it is not possible for the Court to take the Criminal Appeal in the near future, that there are arguable points and according to learned counsel for petitioner, there are several infirmities in the prosecution case in respect of petitioner, we are of the considered view that it is a fit case to grant the relief of suspension of sentence to petitioner herein. Keeping in view of these facts, we are inclined to suspend the substantive portion of sentence imposed on petitioner.
5.Accordingly, the substantive sentence of imprisonment alone is suspended in respect of petitioner / accused and he is directed to be enlarged on bail on condition that he shall execute a bond in a sum of Rs.10,000/- [Rupees ten thousand only] with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Keeranur, and on further condition that petitioner shall report before the said Court on the first working day of every month at 10.30 a.m. pending appeal.
Sub-Assistant Registrar (C.S.)
Madurai - 625 023.
TO
1 THE ADDITIONAL DISTRICT AND SESSIONS JUDGE AND E.C.COURT, PUDUKKOTTAI.
2 THE JUDICIAL MAGISTRATE, KEERANUR.
https://hcservices.ecourts.gov.in/hcservices/ 3 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.
4 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY
5 THE INSPECTOR OF POLICE, UDAIYALIPATTI POLICE STATION, PUDUKKOTTAI DISTRICT.
| 6 | THE ADDITIONAL PUBLIC PROSECU | TOR, |
|---|---|---|
| MADURAI BENCH OF MADRAS HIGH | COURT, MADURAI. | |
| +1. | C.C. to M/S.K.BAALASUNDHARAM | Advocate SR.No.5181 |
| ORDER | ||
| IN | ||
| CRL MP(MD) No.1670 of 2018 | ||
| IN | ||
| CRL A(MD) No.109 of 2018 | ||
| Date :02/04/2018 | ||
| MKV | -CM-VR-SAR 1/5.4.2018/3P-8C |
1 issue framed by the court
Whether the substantive portion of the death award sentence should be suspended pending disposal of the criminal appeal in view of arguable infirmities in the prosecution case.
1 provisions across 1 enactments
SANKAR @ JEYASANKAR @ SIVASANKARAN
THE STATE
C.T.SELVAM
A.M.BASHEER AHAMED
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
