This order dismissed a petition seeking suspension of a life sentence and bail for a murder convict pending appeal application. The court held that mere delay in appeal disposal is not a valid ground for bail in murder cases, citing the Apex Court.
Petition dismissed; minor appeal listed for final hearing in August 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
DATED : 24.06.2021
CORAM
THE HONOURABLE MR. JUSTICE P.N.PRAKASH
AND
THE HONOURABLE MR. JUSTICE R.PONGIAPPAN
Crl.M.P.No.4433 of 2021 in Crl.A.No.653 of 2019 Santhosh Pandaragiri .. Petitioner/sole accused Vs.
State through its The Inspector of Police, T12 Poonamallee Police Station, Thiruvallur District.
(Crime No.385 of 2018) .. Respondent/Respondent
Criminal Miscellaneous Petition filed under Section 374 (2) Cr.P.C., to suspend the sentence imposed upon the petitioner by judgment and order dated 07.08.2019 passed in S.C.No.117 of 2018 on the file of the learned Principal Sessions Judge, Tiruvallur, and to enlarge the petitioner on bail pending disposal of the appeal.
For Petitioner : Mr.R.Baskar
For Respondent : Mr.R.Muniyapparaj
Government Advocate (Crl.Side)
ORDER
(Order of the Court was made by R.PONGIAPPAN, J.)
This criminal miscellaneous petition has been preferred, seeking to suspend the sentence imposed upon the petitioner, by judgment and order dated 07.08.2019 passed in S.C.No.117 of 2018 on the file of the learned Principal Sessions Judge, Tiruvallur, and to enlarge the petitioner on bail pending disposal of the appeal.
the Verandah, in respect of the same, a wordy quarrel arose between them. Thereafter, at about 3.30 hours, when the deceased was sleeping in packing cardboard sheet, the petitioner/accused assaulted him with packing wooden log and committed murder of the deceased. Further, he set fire to the bed sheet covering the deceased. For the said occurrence, a case has been registered against the petitioner/accused in Crime No.385 of 2018, on the file of the T12, Poonamallee Police Station, under Section 302 IPC.
reported in 2002 (9) SCC 364, the Hon'ble Apex Court has held as follows,
“... in considering the prayer for bail in a case involving serious offences like murder punishable under Section 302 IPC, the Court should consider the relevant factors like the nature of accusation made against the accused, the manner in which the crime is alleged to have been committed, the gravity of offence, and the desirability of releasing the accused on bail after they have been convicted for committing serious offence of murder.”
-sd/24/06/2021
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 PRINCIPAL SESSIONS JUDGE, THIRUVALLUR.
2 THE INSPECTOR OF POLICE, T12 POONAMALLEE POLICE STATION, THIRUVALLUR DISTRICT.
3 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
COPY TO:
THE SECTION OFFICER, CRIMINAL SECTION, HIGH COURT, MADRAS.
C.C. to M/S.R.BASKAR Advocate on payment of necessary charges
Order
in
CRL MP.4433/2021
in
CRL A.653/2019
Date :24/06/2021
From 7.2.2001 the Registry is issuing certified
copies of the BAIL/Anti.BAIL Orders in this format
MN-29/06/2021
2 issues framed by the court
Whether sentence should be suspended and bail granted considering murder conviction and delay in appeal disposal.
Whether possibility of delay in appeal disposal is sufficient ground for suspending sentence.
Colour shows how this judgement treated each authority
Vijayakumar vs. Narendra and othersReferred¶25
Vijayakumar Vs. Narendra and others, reported in 2002 (9) SCC 364 · Who else cites this
2 provisions across 2 enactments
Santhosh Pandaragiri
State
P.N.PRAKASH
R.PONGIAPPAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
