In a petition under Section 389 CrPC, the High Court suspended the life imprisonment and rigorous imprisonment imposed on the petitioner convicted of murder, considering his illness requiring surgery, despite pending appeal.
Sentence of imprisonment suspended; petitioner to execute bond with two sureties for Rs. 10,000/- and report monthly.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.11.2020
Coram
The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice D.KRISHNAKUMAR
CRL MP No. 3663 of 2020 in Crl.A No. 203 of 2020
Prakash @ Appaiyaa @ Dass ... Petitioner
vs
The State Rep. by The Inspector of Police, Uthanapalli Police Station, Hosur Taluk, Krishnagiri District. ... Respondent
Petition filed under Section 389 of Cr.P.C. to suspend the sentence of imprisonment imposed by Additional District and Sessions Court, Hosur vide judgement dated 12.02.2020 in S.C.No.203 of 2016 and direct that the appellant be enlarged on bail. For Petitioner .. Mr.P.V.Selvarajan for M/s.Govind Chandrasekhar For Respondent .. Mr.K.Prabhakar, Addl. Public Prosecutor ORDER [Order of the Court was made by M.M.SUNDRESH, J.]
The petitioner is the sole accused in S.C.No. 203 of 2016. The trial Court by judgment dated 12.02.2020 convicted the petitioner for the offence punishable under Sections 302 and and 506(ii) IPC. For the offence punishable under Section 302 IPC sentenced him to undergo imprisonment for life and to pay a fine of Rs.1000/-, in default, to undergo six months simple imprisonment and for the offence punishable under Section 506(ii) IPC, sentenced him to undergo two years rigorous imprisonment and to pay a fine of Rs.500/-, in default, to undergo three months simple imprisonment. Seeking suspension of sentence imposed, the present petition has been filed.
-sd/-
05/11/2020
This order, on being produced, be punctually observed and carried
into execution by all concerned
TRUE COPY
Sub-Assistant Registrar (Statistics/C.S.)
High Court, Madras - 600 104.
TO
1 THE JUDICIAL MAGISTRATE NO.II,
HOSUR.
2 THE CHIEF JUDICIAL MAGISTRATE,
KRISHNAGIRI [FOR INFORMATION]
3 THE ADDITIONAL DISTRICT AND SESSIONS COURT,
HOSUR.
4 THE SUPERINTENDENT,
CENTRAL PRISON, VELLORE.
5 THE PUBLIC PROSECUTOR
HIGH COURT, MADRAS.
6 THE INSPECTOR OF POLICE,
UTHANAPALLI POLICE STATION,
HOSUR TALUK,
KRISHNAGIRI DISTRICT.
7 THE ASSISTANT SURGEON
CENTRAL PRISON, VELLORE.
+1C.C. to M/S GOVIND CHANDRASEKHAR Advocate on payment of necessary charges SR NO.7312
Order
in CRL.MP.NO.3663/2020 in CRL.A.NO.203/2020
Date :05/11/2020
From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format
MK:06/11/2020
3 issues framed by the court
Whether to suspend the life imprisonment and two-year rigorous imprisonment imposed on the petitioner pending appeal.
Whether the petitioner's illness requiring immediate surgery justifies suspension of sentence.
Whether the bond conditions for suspension of sentence are appropriate.
3 provisions across 2 enactments
Prakash @ Appaiyaa @ Dass
The State Rep. by The Inspector of Police, Uthanapalli Police Station
M.M. Sundresh
D. Krishnakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
