Partly allowed

Sasi v. the Inspector of Police

Madras HC1 Nov 2018CRL MP(MD)/8458/2018

Case brief

AI extract

What is this about?

The Madras High Court, Madurai Bench, allowed a petition for suspension of sentence by a life convict pending disposal of his criminal appeal. The substantive portion of the life sentence was suspended, and the appellant was enlarged on bail under conditions.

What did the court decide?

Suspended the substantive portion of the life sentence; enlarged appellant on bail with bond of Rs.10,000 and two sureties; conditioned to report monthly.

Sasi Vs the Inspector of Police — Murder and Culpable Homicide | Madras HC (2018)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )

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Thursday, the First day of November Two Thousand Eighteen

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PRESENT

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The Hon`ble Mr.Justice M.M.SUNDRESH and

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The Hon`ble Mr.Justice N.SATHISH KUMAR

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CRL MP(MD) No.8458 of 2018 IN CRL A(MD) No.475 of 2018

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SASI

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(NOW CONFINED AS LIFE CONVICT IN PALAYAMKOTTAI CENTRAL PRISON) ... APPELLANT/SOLE ACCUSED

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STATE REP. BY

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THE INSPECTOR OF POLICE, ERANIYAL POLICE STATION, KANNIYAKUMARI DISTRICT. IN CR NO. 450 OF 2013 ... RESPONDENT/COMPLAINANT

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Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to suspend the sentence awarded to petitioner and release on bail pending disposal of the main Criminal Appeal before this Honourable Court against the Judgment of the Honourable Fast Track Mahila Court, Nagarkovil in S.C.No.128/2014 dated 12/05/2015.

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Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of MR.R.ALAGUMANI, Advocate for the petitioner and of MR.R.ANANDHARAJ, Additional Public Prosecutor on behalf of the Respondent, the court made the following order:-

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[Order of the Court made by M.M.SUNDRESH, J.,]

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The petitioner is the sole accused in S.C.No.128 of 2014, on the file of the Fast Track Mahila Court, Nagerkovil and under Judgment dated 12.05.2015, he has been convicted for the offence under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life. Pending disposal of the Criminal Appeal, the petitioner has come forward to file the present Miscellaneous https://hcservices.ecourts.gov.in/hcservices/ Petition seeking suspension of sentence.

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The case of the prosecution is that pursuant to the quarrel between the petitioner, who is husband and the deceased, who is wife, he attacked her with blade and drown her into the water tank.

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The learned counsel appearing for the petitioner would submit that the petitioner has been in incarceration for more than 3^1/2 years. Though it is a case of circumstantial evidence, the link has not been established. The complaint has been given after three days of the occurrence. Even the doctor, who conducted postmortem on the dead body of the deceased, has stated that the deceased died of drowning.

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The learned Additional Pubic Prosecutor would submit that the motive has been established and the Trial Court has convicted the accused, on circumstantial evidence, and therefore, this petition will have to be dismissed.

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We have considered the above submissions and perused the records carefully.

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After considering the above submissions, we find that there are arguable pointed involved to be decided in the Criminal Appeal. Thus, this Court deems it appropriate to suspend the substantive portion of sentence imposed on the petitioner.

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Accordingly, the present Miscellaneous Petition is allowed and the substantive sentence of imprisonment alone is suspended in respect of the petitioner and he is directed to be enlarged on bail on condition that he shall execute a bond for a sum of Rs.10,000/[Rupees ten thousand only] with two sureties each for a like sum to the satisfaction of the Fast Track Mahila Court, Nagerkovil and on further condition that the petitioner shall report before the said Court on the first working day of every English Calendar month at 10.30 a.m. pending appeal.

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sd/01/11/2018

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/ TRUE COPY /

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Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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1 THE FAST TRACK MAHILA COURT, NAGARKOVIL.

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2 THE INSPECTOR OF POLICE

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https://hcservices.ecourts.gov.in/hcservices/ ERANIYAL POLICE STATION, KANNIYAKUMARI DISTRICT.

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3 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.

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4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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+1. C.C. to M/S.R.ALAGUMANI Advocate SR.No.21218

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JM/VR MMS/SAR 2/08.11.2018/3P/6C

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https://hcservices.ecourts.gov.in/hcservices/

Sasi v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

Sasi v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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