Order dismissing a Criminal Miscellaneous Petition seeking suspension of sentence and bail as not pressed. The court fixed a date for the final hearing of the pending Criminal Appeal.
Criminal Miscellaneous Petition dismissed as not pressed; main appeal posted for final hearing on 07.06.2021.
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
( Criminal Jurisdiction )
Monday, the Fifteenth day of March Two Thousand Twenty One
PRESENT
The Hon`ble Mr Justice A.D.JAGADISH CHANDIRA
CRIMINAL MISCELLANEOUS PETITION NO.2183 OF 2021
IN CRL.A.NO.341 OF 2018
SIVAPIRAKASAM [ PETITIONER / APPELLANT ]
Vs
THE STATE OF TAMIL NADU, [ RESPONDENT ] REP.BY THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, PERAMBALUR, PERAMBALUR DISTRICT. CRIME NO.11 OF 2016.
Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in CRL.A.NO.341 OF 2018 on the file of the High Court, the High Court will be pleased to suspend the sentence of imprisonment dated 22.03.2018 made in S.C.No.03 of 2017 on the file of the learned Principal Sessions Judge, Perambalur and to enlarge the petitioner on bail pending disposal of the above CRL.A.NO.341 OF 2018 [IN CRL.MP.NO.2183 OF 2021]
Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in CRL.A.NO.341 OF 2018 on the file of the High Court and upon hearing the arguments of M/S.A.PADMANABHAN, Advocate for the petitioner and of MR.T.SHUNMUGARAJESWARAN Govt. Advocate (Crl. Side) on behalf of the Respondent the court made the following order:-
This petition has been filed by the petitioner/appellant to suspend the sentence of imprisonment dated 22.03.2018 made in S.C.No.03 of 2017 on the file of the learned Sessions Judge, Mahila Court, Perambalur and to enlarge the petitioner on bail pending disposal of the above Criminal Appeal No.341 of 2018.
this Court seeking for suspension of sentence vide Crl.M.P.No.8179 of 2018 and the same was dismissed as not pressed by order dated 11.07.2018 and that the petitioner has been in custody for about 3 years from the date of Judgment on 22.03.2018. He would further submit that he is not pressing the application and would pray that a date may be fixed and the appeal may be posted for final hearing.
-sd/15/03/2021 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 SESSIONS JUDGE, MAHILA COURT, PERAMBALUR. 2 THE SUPERINTENDENT, CENTRAL PRISON, TIRUCHIRAPPALLI 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS. 4 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, PERAMBALUR, PERAMBALUR DISTRICT.
COPY TO: THE SECTION OFFICER, CRIMINAL SECTION, HIGH COURT, MADRAS.
C.C. to M/S.A.PADMANABHAN Advocate on payment of necessary charges
Order
in
CRL.MP.NO.2183/2021
in
CRL.A.NO.341/2018
Date :15/03/2021
From 7.2.2001 the Registry is issuing certified
copies of the BAIL/Anti.BAIL Orders in this format
MK:19/03/2021
1 issue framed by the court
Whether the High Court should grant bail pending disposal of the appeal when the suspension of sentence petition was not pressed by the petitioner.
2 provisions across 2 enactments
SIVAPIRAKASAM
THE STATE OF TAMIL NADU
A.D.JAGADISH CHANDIRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
