R.Shobha v. Rajeswari
Case brief
What is this about?
The High Court suspended the substantive sentence of imprisonment and directed the petitioner to be enlarged on bail pending disposal of the revision petition, citing infirmities and contradictions in the prosecution case as grounds for granting relief.
What did the court decide?
Substantive sentence of imprisonment suspended; petitioner enlarged on bail subject to deposit of 50% cheque amount and execution of bond with two sureties.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction )
Monday, the Seventh day of January Two Thousand Nineteen
PRESENT
The Hon`ble Mr Justice V. PARTHIBAN
CRIMINAL MISCELLANEOUS PETITION No.80 of 2019
in CRL.R.C.NO.12/2019
R.SHOBHA [ PETITIONER ]
Vs
RAJESWARI [ RESPONDENT ]
Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in Criminal RC No.12 OF 2019 on the file of the High Court, the High Court will be pleased to suspend the sentence of imprisonment imposed on the petitioner in the judgment dated 04.10.2018 made C.A.No.33 of 2017 on the file of the Learned Fourth Additional District and Sessions Court, Coimbatore by confirming the conviction imposed in the judgment dated 18.01.2017 made in C.C.No.311 of 2015 on the file of the learned Judicial Magistrate/Fast Track Court No.2 (Magisterial Level), Coimbatore (Transferred C.C.No.228/15, Judicial Magistrate No.2, Coimbatore) and enlarge the petitioner on bail pending disposal of the above Crl.RC.12/2019.
Issues for consideration
2 issues framed by the court
Whether the petitioner is entitled to suspension of sentence pending disposal of the revision petition given infirmities in the prosecution case.
What conditions must be imposed for enlarging the petitioner on bail.
Parties & counsel
- petitioner
R.SHOBHA
- respondent
RAJESWARI
Coram
V. PARTHIBAN
Case details
As recorded by the court registry
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