This petition sought suspension of sentence and bail for a life convict appealing his murder conviction. The Court granted relief noting substantial grounds in the appeal and lack of immediate hearing prospects.
Suspension of sentence and bail granted on execution of bond with sureties and attendance at trial court.
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 : 07.01.2021
CORAM
THE HON'BLE MR. JUSTICE P.N.PRAKASH
AND
THE HON'BLE MR. JUSTICE V.SIVAGNANAM
Crl.M.P.No.4901 of 2020
Velu
in Crl.A.No.313 of 2020 .. Petitioner/Accused
Vs
State represented by The Inspector of Police, Mudaliarpet Police Station, Pondicherry. .. Respondent/Complainant
Criminal Miscellaneous Petition filed under Section 389(1) Cr.P.C. to suspend the sentence imposed on the petitioner by judgment and order dated 20.01.2020 passed in S.C.No.54 of 2017 on the file of the II Additional Sessions Court, Pondicherry and to enlarge the petitioner on bail till the disposal of the appeal.
For Petitioner : Mr.B.Balavijayan
For Respondent: Mr.D.Bharathachakravarthy
Public Prosecutor (Puducherry)
This criminal miscellaneous petition has been preferred seeking to suspend the sentence imposed on the petitioner by judgment and order dated 20.01.2020 passed in S.C.No.54 of 2017 on the file of the II Additional Sessions Court, Pondicherry and to enlarge the petitioner on bail till the disposal of the appeal.
(i) The petitioner shall execute a bond for a sum of Rs.25,000/-, with two sureties, of whom, one should be a blood relative, each for a like sum to the satisfaction of the II Additional Sessions Court, Puducherry;
-sd/-
07/01/2021
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 II ADDITIONAL SESSIONS
JUDGE, PUDUCHERRY
2 THE PUBLIC PROSECUTOR,PUDUCHERRY
3 THE INSPECTOR OF POLICE,
MUDALIARPET POLICE STATION, PONDICHERRY.
4 THE SUPERINTENDENT,
CENTRAL PRISON, PUDUCHERRY
5 THE SECTION OFFICER,
CRIMINAL SECTION, HIGH COURT, MADRAS.
C.C. to M/S. B.BALAVIJAYAN Advocate on payment of necessary
charges SR.195
Order
in
CRL MP.4901/2020
in
CRL A.313/2020
Date :07/01/2021
From 7.2.2001 the Registry is issuing certified
copies of the BAIL/Anti.BAIL Orders in this format
RVR 07/01/2021
2 issues framed by the court
Whether the petitioner is entitled to suspension of sentence and bail pending disposal of appeal given substantial grounds require detailed appraisal.
Whether the petitioner being in incarceration and the appeal not being taken up shortly precludes granting bail.
2 provisions across 1 enactments
Velu
State
P.N.PRAKASH
V.SIVAGNANAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
