Settu v. State Rep. by
Case brief
What is this about?
Criminal Miscellaneous Petition for suspension of sentence. High Court found arguable points and infirmities in prosecution case. Granted suspension of substantive imprisonment and enlarged petitioner on bail with bond and sureties pending appeal disposal.
What did the court decide?
Substantive sentence suspended; petitioner enlarged on bail with Rs.10,000 bond and two sureties. Must appear monthly.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction )
Friday, the First day of February Two Thousand Nineteen
PRESENT
The Hon`ble Mr Justice V. PARTHIBAN
CRIMINAL MISCELLANEOUS PETITION No.813 of 2019
IN CRL A.38/2019 SETTU [ PETITIONER ] Vs STATE REP. BY [ RESPONDENT ] THE INSPECTOR OF POLICE, THARAMANGALAM POLICE STATION, SALEM DISTRICT. (CR.NO.343 OF 2008)
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 by judgment dated 19.12.2018 by the I Additional District and Sessions Judge, Salem in S.C.No.303 of 2010, and enlarge the petitioner on bail, pending disposal of the Crl.A.No.38 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.B.VASUDEVAN, Advocate for the petitioner, and of MR. V.SARATHA DEVI, Govt. Advocate ( Crl. Side), on behalf of the Respondent, the court made the following order:-
The petitioner has been arrayed as A1 in S.C.No.303 of 2010, on the file of the I Additional District & Sessions Judge, Salem. By judgment dated 19.12.2018, he was convicted for offence under Section 3(1) of the Tamil Nadu Properties (Prevention of Damages and Loss) Act 1992 and sentenced to undergo six months simple imprisonment and to pay a fine of Rs.3000/-, in default, sentenced to undergo one month simple imprisonment. Challenging the said conviction and sentence, the petitioner has preferred the above appeal. Pending appeal, he seeks for suspension of sentence.
Issues for consideration
3 issues framed by the court
Whether to grant suspension of sentence and enlarge the petitioner on bail during the pendency of the criminal appeal.
Whether arguable points and infirmities in the prosecution case justify interim bail pending final hearing.
Whether the appeal is likely to be taken up for final hearing in the near future justifying bail.
Parties & counsel
- petitioner
SETTU
- respondent
STATE REP. BY THE INSPECTOR OF POLICE, THARAMANGALAM POLICE STATION, SALEM DISTRICT
Coram
V. PARTHIBAN
Case details
As recorded by the court registry
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