Arumugam v. State Rep by
Case brief
What is this about?
Criminal Miscellaneous Petition filed by an appellant convicted and sentenced to life imprisonment. The High Court, finding discrepancies in FIR registration and dispatch, held this a fit case for suspension of the substantive sentence. The petitioner was granted bail on bond.
What did the court decide?
The substantive sentence of imprisonment was suspended. The petitioner was enlarged on bail by executing a bond of Rs.10,000/- with two sureties and appearing before the Committal Court monthly.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction )
Friday, the Fifteenth day of March Two Thousand Nineteen
PRESENT
The Hon`ble Mr Justice M. SATHYANARAYANAN
and
The Hon`ble Mr Justice M. NIRMAL KUMAR
CRIMINAL MISCELLANEOUS PETITION No.3792 of 2019
ARUMUGAM [ APPELLANT/PETITIONER/ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, BAGAYAM POLICE STATION, VELLORE DISTRICT. CR.NO.760 OF 2013.
Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in CRL.A.No.602 OF 2018 on the file of the High Court, the High Court will be pleased to suspend the sentence passed by the Learned Additional District and Sessions Judge (FTC) Vellore District, in S.C.No.12 of 2014 dated 23.07.2018 enlarge on bail pending disposal above Criminal Appeal No.602 of 2018 on the file of this Honble Court.
Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in CRL.A.No.602 OF 2018 on the file of the High Court and upon hearing the arguments of M/S.M.G.UDAYASHANKAR ADVOCATE FOR M/S.S.SHANTHA KUMARI, Advocate for the petitioner and of MR.R.PRATHAP KUMAR, ADDITIONAL PUBLIC PROSECUTOR on behalf of the Respondent the court made the following order:-
Issues for consideration
2 issues framed by the court
Whether the substantive sentence of imprisonment imposed on the appellant-accused can be suspended pending disposal of the criminal appeal.
Whether the discrepancies in the timing of the FIR registration and its dispatch to the Magistrate affect the merits of the case sufficiently to warrant suspension of sentence.
Parties & counsel
- petitioner
Arumugam
- respondent
State Rep by The Inspector of Police, Bagayam Police Station
Coram
M. SATHYANARAYANAN
Case details
As recorded by the court registry
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