Partly allowed

Vignesh Kumar @ Vikki v. the State Rep by Its

Madras HC24 Sept 2019CRL MP/13733/2019

Case brief

AI extract

What is this about?

Suspended the substantive sentence of imprisonment for two appellants pending the disposal of their Criminal Appeal, granting bail on specific conditions including bond execution and monthly reporting, while the fine remained non-suspended.

What did the court decide?

Substantive sentence of imprisonment suspended pending disposal of Criminal Appeal on bail; each petitioner to furnish a bond of Rs.10,000 with two sureties and report monthly to the trial court.

Vignesh Kumar @ Vikki Vs the State Rep by Its — Bail and Remand | Madras HC (2019)

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Crl.MP.No.13733 of 2019 in Crl.A.No.649 of 2019

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Crl.MP.No.13733 of 2019 in Crl.A.No.649 of 2019

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A.D.JAGADISH CHANDIRA, J.

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This Criminal Miscellaneous Petition has been filed by the Petitioners/A1 & A2 seeking suspension of sentence of imprisonment, imposed by the judgment, dated, 28.08.2019, made in S.C.No.73/2018, by the Principal Sessions Judge, Krishnagiri, pending disposal of the Criminal Appeal.

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This court heard the learned counsel on either side and also perused the materials placed on record.

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In and by the impugned judgement, the Petitioners/A1 & A2 were convicted and sentenced for the offences under Sections 354, 506(i) of IPC and Sesction 3(1)(r) and (s) of SC/St Act, and Section 3(2)(Va) of SC/ST Act and they had been convicted and sentenced as under:

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S.No. Conviction Sentence 1. U/s.354 of IPC 1 year R.I and fine of Rs.2,000/-. 2. U/s.506(i) of IPC 1 year R.I and fine of Rs.2,000/-. 3. U/s.3(1)(r) and (s) of 1 year R.I each and fine of Rs.2,000/- each. SC/ST Act

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U/s.3(2)(Va) of SC/ST 1 year R.I and fine of Rs.2,000/-. Act

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The sentences were ordered to run concurrently. Aggrieved against the same, the petitioners have preferred this appeal.

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According to the learned counsel for the Petitioners/A1 & A2, there are arguable points available in the Criminal Appeal, which is not likely to be taken for final hearing in the near future and the Petitioners/A1 & A2 have got a fair chance of succeeding in the Criminal Appeal and would submit that

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1/2 http://www.judis.nic.in

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Crl.MP.No.13733 of 2019 in Crl.A.No.649 of 2019

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A.D.JAGADISH CHANDIRA, J.

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ssi

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the fine amount has been paid and hence, the substantive sentence of imprisonment imposed against the Petitioners/A1 & A2 may be suspended.

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The learned Additional Public Prosecutor has raised objections for suspending the sentence.

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Considering the facts and circumstances of the case and also considering the submissions of the learned counsel on either side, this Court is of the view that the substantive sentence of imprisonment alone can be suspended on certain conditions. Accordingly, till the disposal of the Criminal Appeal, the substantive sentence of imprisonment alone is suspended and the Petitioners/A1 & A2 is ordered to be enlarged on bail, on the following conditions:-

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i. Each of the Petitioners/A1 & A2 shall execute a bond for a sum of Rs.10,000/- each (Rupees Ten Thousand only), with two sureties, each for a like sum to the satisfaction of the Principal Sessions Judge, Krishnagiri District.

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ii. The Petitioner/accused shall report before the Trial court on the first working day of every English Calendar month at 10.30 a.m., until further orders.

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ssi

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Note:Issue Order Copy on 25.09.2019.

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Crl.MP.No.13733 of 2019 in Crl.A.No.649 of 2019

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2/2 http://www.judis.nic.in

Vignesh Kumar @ Vikki v. the State Rep by Its

Case brief

What is this about?

What did the court decide?

Vignesh Kumar @ Vikki v. the State Rep by Its

Case brief

What is this about?

What did the court decide?

What the court decided

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