Court treated the bail petition as seeking extension of time for fine deposit since sentence was already suspended earlier. Ordered deposit of Rs.3.16 lakhs to release on bail and fixed priority hearing date.
Petitioner directed to deposit Rs.3,16,000 to secure bail on condition of bond and regular appearance; hearing fixed for priority disposal.
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Crl.M.P.No.3866 of 2022 in Crl.R.C.No.975 of 2020
Crl.M.P.No.3866 of 2022 in Crl.R.C.No.975 of 2020
SATHI KUMAR SUKUMARA KURUP, J,
When the case came up for hearing, the learned Counsel for the Revision Petitioner moved a Petition insisting for grant of suspension of sentence with condition to deposit the amount as ordered by this Court on 17.12.2020. He has submitted that the Petitioner is ready with the Demand Draft for a sum of Rs.3,16,000/-. (Rupees Three lakhs sixteen thousand only). The learned Counsel for the Respondent/Complainant objects stating the learned Judicial Magistrate had played havoc with the case. Therefore, the learned Counsel for the Complainant himself filed a complaint against the learned Judicial Magistrate before the High Court Registry, based on which disciplinary proceedings were initiated against the Complainant. The Complainant preferred complaint against the learned Counsel who appeared for the Complainant before the trial Court and before the Bar Council. Subsequently, when enquiry was ordered he is reported dead. The learned Counsel for the Respondent objects to the filing of a petition in Criminal
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Crl.M.P.No.3866 of 2022 in Crl.R.C.No.975 of 2020
Miscellaneous Petition at this stage. It is the contention that earlier time when this Court had ordered for payment of part of the amount ordered by the learned trial Judge, they had sought extension of time. Subsequently, the said petition was not pressed on 02.02.2022. Now, the present Counsel for the Revision Petitioner is filing change of Vakalat. Therefore, he is not aware of the earlier proceedings. It is the submisssion of the learned Counsel for the Respondent that in the proceedings before the three learned Judges of this Court, the learned Judges of this Court had directed the Revision Petitioner to deposit the amount. He had not complied with the conditions till date.
3.The learned Counsel for the Respondent objected stating that there cannot be two petitions for the same relief. Already this Court had suspended the sentence as per order dated 17.12.2020 in Crl.M.P.No.6800 of 2020 in Crl.R.C.No.975 of 2020.
relief of suspension of sentence in Crl.M.P.No.6800 of 2020 in
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Crl.M.P.No.3866 of 2022 in Crl.R.C.No.975 of 2020
Crl.R.C.No.975 of 2020, dated 17.12.2020, the objection of the learned Counsel for the Respondent is found acceptable. As already the period of sentence has been suspended, the present petition is treated as seeking extension of time. The same is granted on condition that the Revision Petition itself will be taken up for disposal on out of turn priority considering the vehement objection made by the learned Counsel for the Respondent. The Revision Petitioner is directed to deposit a sum of Rs.3,16,000/- (Rupees Three Lakhs Sixteen Thousand only) to the credit of C.C.No.141 of 2013 before the learned Judicial Magistrate, Fast Track Court No.II at Magisterial Level, Coimbatore, on or before 17.10.2023. On such deposit, the Petitioner is directed to be enlarged on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a likesum amount to the satisfaction of the learned Judicial Magistrate, Fast Track Court No.II at Magisterial Level, Coimbatore. One of the sureties shall be a blood relative and on further condition that the Petitioner shall appear before the said Court once in three months at 10.30 a.m. on first working day of a month till the disposal of this Criminal Revision. If the Petitioner fails to
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Crl.M.P.No.3866 of 2022 in Crl.R.C.No.975 of 2020
deposit the amount of Rs.3,16,000/- (Rupees Three Lakhs Sixteen Thousand only) by 17.10.2023, this order would stand cancelled automatically.
12.10.2023
shl NOTE: Issue Order Copy by 12.10.2023.
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Crl.M.P.No.3866 of 2022 in Crl.R.C.No.975 of 2020
COPY TO:
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Crl.M.P.No.3866 of 2022 in Crl.R.C.No.975 of 2020
SATHI KUMAR SUKUMARA KURUP, J,
shl
Crl.M.P.No.3866 of 2022 in Crl.R.C.No.975 of 2020
12.10.2023
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3 issues framed by the court
Whether to grant extension of time for depositing fine amount pending suspension of sentence.
Whether to entertain bail application when sentence was already suspended in a previous petition.
Whether to prioritize disposal of the criminal revision petition.
SATHI KUMAR SUKUMARA KURUP
STATE
SATHI KUMAR SUKUMARA KURUP
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
