Balaji v. State by
Case brief
What is this about?
The High Court granted a criminal miscellaneous petition seeking suspension of the petitioner's life sentence pending appeal. Finding no antecedents and noting the accused was a secondary actor, the court suspended the substantive sentence and ordered bail with bond conditions.
What did the court decide?
Petitioner enlarged on bail; substantive sentence of life imprisonment suspended.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Wednesday, the Twenty Fourth day of April Two Thousand Nineteen
PRESENT
The Hon`ble Mr Justice M. SATHYANARAYANAN
The Hon`ble Mr Justice M. NIRMAL KUMAR CRIMINAL MISCELLANEOUS PETITION No.4843 of 2019 IN CRL.A.NO.194 of 2019 SOUNDARRAJAN [ PETITIONER ] Vs STATE BY [ RESPONDENT ] THE INSPECTOR OF POLICE, THANIPADI POLICE STATION, TIRUVANNAMALAI DISTRICT. CR.NO.441 OF 2012.
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to suspend the sentence imposed on the petitioner herein by the learned Judgment of the learned Principal District and Sessions Judge, Tiruvannamalai, Tiruvannamalai District made in S.C.No.78 of 2013 by Judgment dated 05.03.2019 on her file, convicting the petitioner herein for the offence under section 302 IPC read with 34 IPC and sentencing him to undergo life imprisonment and to pay fine of Rs.5000/- in default to undergo two years Rigorous Imprisonment and enlarge him on bail pending disposal of the above Crl.A.No.194 of 2019.
Order : This petition coming on for orders upon perusing the petition and the filed in support thereof and upon hearing the arguments of M/S.L.MAHENDRAN, Advocate for the petitioner, and of MR.R.PRATHAP KUMAR (ADDITIONAL PUBLIC PROSECUTOR) on behalf of the Respondent, the court made the following order:-
[Order of the Court was made by M.SATHYANARAYANAN, J.]
Issues for consideration
2 issues framed by the court
Whether suspension of the life sentence imposed on an accused charged with murder under Section 302 read with Section 34 IPC is a fit case pending disposition of the appeal.
Whether the suspension of sentence must include the requirement to furnish bond and sureties under surety laws.
Parties & counsel
- petitioner
SOUNDARRAJAN
- respondent
THE STATE
- respondent
THE INSPECTOR OF POLICE, THANIPADI POLICE STATION, TIRUVANNAMALAI DISTRICT
Coram
Case details
As recorded by the court registry
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