Partly allowed

A.Sekar v. State Rep by Its

Madras HC6 Jan 2022CRL MP/6867/2020

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition under Section 397 CrPC, the High Court of Madras suspended the petitioner's sentence and granted bail pending the final disposal of a pending revision case involving conviction under Section 498A IPC, subject to bonding and periodic appearance conditions.

What did the court decide?

Sentence suspended and bail granted on conditions: execution of bond with two sureties and monthly appearance.

A.Sekar Vs State Rep by Its — Criminal Trial and Appeal | Madras HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 06.01.2022

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CORAM

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THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA

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Crl.M.P.No.6867 of 2020

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Crl.R.C.No.984 of 2020

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A.Sekar ... Petitioner

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Vs.

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The State Represented by its, Inspector of Police, All Women Police Station, Ariyalur. (Crime No.08 of 2013) ... Respondent

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PRAYER: The Criminal Miscellaneous Petition is filed under Section 397 (1) of the Code of Criminal Procedure, to suspend the conviction and sentence passed on the Revision Petitioner in Crl.A.No.09 if 2019 dated 31.07.2020 by the learned Principal District and Sessions Judge, Ariyalur and by confirming the order of conviction passed in C.C.No.278/2013 dated 29.11.2018 by Judicial Magistrate I, Ariyalur and direct to release enlarge petitioner on bail.

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For Petitioner : Mr.A.Ambigapathi

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For Respondent : Mr.S.Sugendran Government Advocate (Crl.Side) *****

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O R D E R

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This Criminal Miscellaneous Petition has been filed by the Petitioner, seeking suspension of sentence of imprisonment, imposed by the learned Principal District and Sessions Judge, Ariyalur in Crl.A.No.09 if 2019 dated 31.07.2020.

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In and by the judgment of the Trial court, the petitioner/ accused was convicted for the offence under Section 498(A) IPC and sentenced to undergo six months imprisonment and to pay a fine of Rs.5,000/- in default to undergo seven days simple imprisonment, against which, the present revision has been filed.

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Learned counsel for the petitioner would submit that the petitioner has got a fair chance of succeeding in the Criminal

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https://hcservices.ecourts.gov.in/hcservices/

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Revision Case and there are arguable points available in the Criminal Revision Case, however, as the Revision Case is not likely to be taken for final hearing in the near future, the sentence imposed against the petitioner may be suspended and the petitioner may be enlarged on bail.

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Heard the learned counsel for the petitioner and perused the materials on record.

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Considering the facts and circumstances of the case and also considering the submissions of the learned counsel for the petitioner, this Court is of the view that the sentence of imprisonment can be suspended on certain conditions. Accordingly, till the disposal of the Criminal Revision Case, suspension of sentence and bail are granted, on the following conditions :-

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i. The petitioner shall execute a bond for a sum of Rs.20,000/(Rupees Twenty Thousand only), with two sureties, each for a like sum to the satisfaction of the Trial Court.

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ii.The petitioner shall appear before the Trial Court on the first working day of every English Calendar month at 10.30 a.m., until further orders.

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The Criminal Miscellaneous Petition is ordered accordingly.

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-sd/-

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06/01/2022

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This order, on being produced, be punctually observed and carried into execution by all concerned

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TRUE COPY

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Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

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1 THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, ARIYALUR.

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2 THE JUDICIAL MAGISTRATE I, ARIYALUR.

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3 THE CHIEF JUDICIAL MAGISTRATE, ARIYALUR DISTRICT (FOR INFORMATION).

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https://hcservices.ecourts.gov.in/hcservices/

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4 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, ARIYALUR.

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5 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

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+1 C.C. to M/S. S.AMBIGAPATHI Advocate on payment of necessary charges SR.NO.261

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Order

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in CRL MP.6867/2020 in CRL RC.984/2020 Date :06/01/2022

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From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format

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INBA▬10/01/2022

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https://hcservices.ecourts.gov.in/hcservices/

A.Sekar v. State Rep by Its

Case brief

What is this about?

What did the court decide?

A.Sekar v. State Rep by Its

Case brief

What is this about?

What did the court decide?

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