Mohan v. State Rep.by
Case brief
What is this about?
Single judge granted temporary suspension of sentence and exemption from surrender to petitioners convicted under Section 326 IPC. Court held arguable points existed and revision unlikely to be finalized soon.
What did the court decide?
Substantive sentence suspended; petitioners enlarged on bail with monthly appearance condition and bond executed.
What the court decided
1
Crl.M.P. Nos.6703 & 6704 of 2019 in
Crl.R.C.No.461 of 2019
A.D.JAGADISH CHANDIRA, J.
The Petitioners were convicted for the offence under Section 326 of IPC and sentenced them to undergo SI for six months with fine of Rs.1,500/- in default to undergo SI of one month under judgement dated 16.02.2017 made in C.C. No.466 of 2016 passed by the XV Metropolitan Magistrate, George Town, Chennai as confirmed by a judgment made in C.A. No.103 of 2017 dated 07.07.2018 passed by the Principal Sessions Court, Chennai. Against such finding, the present revision has been filed.
- Crl.M.P.Nos.6703 & 6704 of 2019 have been filed seeking suspension of sentence imposed on the petitioner and exemption from
surrendering before the trial Court.
- The learned counsel for petitioners would submit that both the Courts below on wrong appreciation of facts and law has convicted the petitioners. He would further submit that they have got valid grounds on appeal and have got a fair chance of succeeding the revision and would seek suspension of sentence and exemption from surrendering before the trial Court.
- In respect of the contention raised by the learned counsel for the petitioners, regarding exemption from surrendering before the Trial Court, it is relevant to note that this Court had in several other cases, following the settled principles of law laid down by the Honourable http://www.judis.nic.in Supreme Court in its decision reported in 2000 10 SCC 346 : 2000 SCC
Issues for consideration
1 issue framed by the court
Whether temporary suspension of sentence and exemption from surrender before trial court can be granted where revision is arguable and unlikely to be taken up for final hearing in near future?
Parties & counsel
- petitioner
Petitioners
- respondent
State
Coram
A.D. Jagadisha Chandra
Case details
As recorded by the court registry
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