The High Court allowed the criminal miscellaneous petition and granted bail to the appellant, suspending his substantive sentence of imprisonment pending disposal of his appeal against conviction and sentencing.
Suspension of substantive sentence and grant of bail on execution of bond for Rs. 10,000 with two sureties under specified conditions.
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.
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Crl.M.P.No.8264 of 2019 in Crl.A.No.544 of 2018
P.N. PRAKASH, J.
The appellant was convicted in S.C.No.183 of 2015 of the offences under
Section 363 IPC and Section 6 of the Protection of Children from Sexual Offences Act, 2012, on 02.08.2018, by the Sessions Judge, Mahila Court, Chennai, and was sentenced to undergo various terms of imprisonment, the maximum being 10 years
of Rigorous Imprisonment.
2.On reading the evidence of the victim girl, it is seen that, she was 17 years old and the appellant was 22 years old as on the date of incident, i.e. on 26.12.2014. Both of them were students. The victim girl has stated that she was in love with the appellant and she had voluntarily gone with him to various places and
had sexual intercourse with him. Of course, that cannot be a good reason to condone the act of the appellant. The appellant is in incarceration from 02.08.2018.
3.The appellant has arguable points in this appeal, which require detailed appraisal. Further, the appeal is not likely to be taken up in the near future. In such view of the matter, this Court is of the view that the appellant is entitled to the relief of suspension of sentence and grant of bail.
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P.N. PRAKASH, J. mkn
4.Accordingly, the substantive sentence of imprisonment alone is suspended
and the appellant shall be released on bail on him executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only), with two sureties, of whom, one should be
a blood relative, each for a like sum to the satisfaction of the Sessions Judge, Mahila Court, Chennai, and on further conditions that:
(i) the sureties shall affix their photographs and Left Thumb Impression in the
surety bond and the Sessions Judge, Mahila Court, Chennai, may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.
(ii) on release, the appellant shall appear before the trial Court on the first
working day of every month, until the disposal of the appeal and if he is not able to
appear before the trial Court on any day, he shall make arrangements to file an application under Section 317 Cr.P.C. and shall appear before the trial Court on any
other day in lieu of the date of his absence, as directed by the trial Court.
5.Accordingly, this petition is allowed.
27.06.2019
mkn
To :
The Sessions Judge, Mahila Court, Chennai
Crl.M.P.No.8264 of 2019 in Crl.A.No.544 of 2018
1 issue framed by the court
Whether the appellant convicted under POCSO Act and IPC sec. 363 is entitled to suspension of sentence and bail.
THE APPELLANT
P.N. PRAKASH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
