Petitioner sought to suspend sentence and set aside conviction for Section 395 IPC pending criminal appeal. Court noted appellant's seven previous similar cases and recovery of gold chain, refusing to suspend sentence.
Criminal Miscellaneous Petition filed to suspend sentence and set aside conviction was dismissed.
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CRL MP(MD) No.2440 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )
Wednesday, the Second day of March Two Thousand and Twenty Two
PRESENT
The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN
CRL MP(MD) No.2440 of 2022 IN CRL A(MD) No.50 of 2022
GANESAN ... PETITIONER/APPELLANT
THE STATE REPRESENTED BY THE INSPECTOR OF POLICE SEITHUR POLICE STATION, VIRUDHUNAGAR DISTRICT. CR.NO.358 OF 2011 ... RESPONDENT/COMPLAINANT
Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to suspend the sentence imposed upon the petitioner by the Mahilir Neethimandram (Fast Track Court ), Virudhunagar District in S.C.No. 80 of 2013 dated 09/12/2019 pending disposal of the Criminal Appeal.
PRAYER IN CRL A(MD) No.50 of 2022:
Pleased to call for the records and set aside the conviction and sentence passed by the Mahalir Neethimandram(Fast Track Mahila Court), Virudhunagar District at Srivilliputhur in S.C.No.80 of 2013 dated 09.12.2019.
Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.LENIN KUMAR.T., Advocate for the petitioner and of Mr.M.AASHA, Government Advocate(Crl.side) on behalf of the Respondent, the Court made the following order:-
This Criminal Miscellaneous Petition has been filed to suspend the conviction and centence imposed against the petitioner by the learned Judge, Mahalir Neethimandram (Fast Track Court), Virudhunagar District by its Judgment dated 09.12.2019 in S.C.No.80 of 2013, for the offence under Section 395 IPC. Against the Judgment of the trial Court, the petitioner has preferred an appeal before this Court and prays to suspend the sentence.
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CRL MP(MD) No.2440 of 2022
2.The learned Government Advocate (Crl.Side) submitted that the appellant is having seven previous cases, similar in nature. There is recovery of gold chain from the accused.
/ TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1 THE JUDGE, MAHALIR NEETHIMANDRAM, FAST TRACK MAHILA COURT, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
2 THE INSPECTOR OF POLICE SEITHUR POLICE STATION, VIRUDHUNAGAR DISTRICT.
3 THE SUPERINTENDENT,
CENTRAL PRISON, MADURAI.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
SS/SBN/SAR:I/15.03.2022 : 2P/5C
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2 issues framed by the court
Whether to grant a suspension of the sentence imposed on the petitioner pending disposal of the criminal appeal.
Whether the facts and circumstances warrant setting aside the conviction and sentence.
GANESAN
THE STATE REPRESENTED BY THE INSPECTOR OF POLICE SEITHUR POLICE STATION, VIRUDHUNAGAR DISTRICT
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
