Kumar v. State Rep.by
Case brief
What is this about?
The High Court suspended the petitioner's substantive sentence of 10 years under the NDPS Act and enlarged him on bail, citing procedural violations in the trial and the likelihood of an extended appeal, despite the conviction's factual admissions.
What did the court decide?
Sentence of 10 years RI suspended; petitioner enlarged on bail with a bond of Rs. 10,000 and two sureties; must appear monthly.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.12.2020
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
Crl.M.P.No.5452 of 2020
in C.A.No.362 of 2020
Kumar ... Petitioner Versus State Rep. By: ... Respondent The Inspector of Police, NIB CID, Salem, Crime No.148/2016.
PRAYER : Criminal Miscellaneous Petition filed under Section 389(1) of the Code of Criminal Procedure, to suspend the substantive sentence of 10 years passed by the Special Judge for EC/NDPS Act Cases (FAC) III Additional District Judge, Salem by order dated 31.01.2020 in C.C.No.19 of 2017 till disposal of the appeal and enlarge the petitioner/accused on bail.
For Petitioner : Mr.K.Kannan For Respondent : Mr.C.Iyyappa Raj Additional Public Prosecutor
ORDER
This Criminal Miscellaneous Petition to suspend the sentence imposed on the petitioner in judgment dated 31.01.2020, in C.C.No.19 of 2017, by the learned Special Judge for EC/NDPS Act Cases (FAC), III Additional District Judge, Salem.
Issues for consideration
1 issue framed by the court
Whether the petitioner is entitled to suspension of sentence and enlargement on bail pending appeal given procedural infirmities and incarceration period.
Parties & counsel
- petitioner
Kumar
- respondent
State
Coram
M.Nirmal Kumar
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court