The Court granted suspension of sentence and bail to a petitioner convicted of murder and setting fire to a hut due to a land dispute, noting his appeal requires detailed appraisal.
Suspension of sentence and bail granted subject to execution of a bond with sureties and periodic appearance before the 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 : 27.01.2021
CORAM
THE HON'BLE MR. JUSTICE P.N.PRAKASH
AND
THE HON'BLE MR. JUSTICE V.SIVAGNANAM
Crl.M.P.No. 7711 of 2019 in Crl.A.No. 342 of 2019 Rajasekar .. Petitioner Vs The State by .. Respondent The Inspector of Police, Adiyamankottai Station, Crime No. 309 of 2013.
Criminal Miscellaneous Petition filed under Section 389(1) Cr.P.C. to suspend the sentence imposed in the judgment dated 09.04.2019 made in S.C.No. 103 of 2015 on the file of Fast Track Mahila Court, Dharmapuri and release the petitioner on bail pending criminal appeal.
For Petitioner : Mr.A.Nowfal
For Respondent : Mr.K.Prabhakar
Additional Public Prosecutor
ORDER
(Made by P.N.PRAKASH.,J )
This criminal miscellaneous petition has been preferred seeking to suspend the sentence imposed on the petitioner by judgment and order dated 09.04.2019 in S.C.No. 103 of 2015 on the file of Fast Track Mahila Court, Dharmapuri and to enlarge the petitioner on bail till the disposal of the appeal.
S.No. Provision under Sentence
which convicted
1 Section 302 IPC Rigorous imprisonment for life
and to pay a fine of
Rs.5,000/-, in default, to
undergo six months simple
imprisonment.
2 Section 436 IPC Three months rigorous
imprisonment and to pay a fine
of Rs.5,000/-, in default, to
undergo three months simple
imprisonment.
3 Section 3(1) Three years rigorous
TNPPDL Act imprisonment and to pay a fine
of Rs.5,000/- in default, to
under go three months simple
imprisonment.
The aforesaid sentences were ordered to run concurrently.
(iii The petitioner shall appear before the trial Court
) everyday at 10.30 a.m. for a period of four weeks
and thereafter, the petitioner shall appear before
the trial Court on the first working day of every
month at 10.30 a.m. until the disposal of the
appeal and if he is not able to appear before the
trial Court on any day, he shall make arrangements
to file an application under Section 317 Cr.P.C. and
shall appear before the trial Court on any other day
in lieu of the date of his absence, as directed by
the trial Court.
-sd/-
27/01/2021
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 FAST TRACK MAHILA JUDGE,
DHARMAPURI.
2 THE SUPERINTENDENT OF PRISON,
CENTRAL PRISON, SALEM.
3 THE PUBLIC PROSECUTOR
HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE
ADIYAMANKOTTAI STATION.
C.C. to M/S.B.MOHAN Advocate on payment of necessary charges
Order
in
CRL MP.7711/2019
in
CRL A.342/2019
Date :27/01/2021
From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format
TA-29/01/2021 https://hcservices.ecourts.gov.in/hcservices/
1 issue framed by the court
Whether a petitioner convicted of murder in a land dispute case is entitled to suspension of sentence and bail pending appeal.
2 provisions across 1 enactments
Rajasekar
The State
P.N.PRAKASH
V.SIVAGNANAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
