Permission denied to suspend ten-year rigorous imprisonment for murder conviction. Court dismissed bail petition, finding injury well-established and no merit in suspension request.
Criminal Miscellaneous Petition to suspend sentence and enlarge on bail dismissed.
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.
Crl.MP No.3957 of 2023 in Crl.A.No.82 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.03.2023
CORAM
THE HONOURABLE MR. JUSTICE V.SIVAGNANAM
CRL.MP.NO.3957 OF 2023 IN
CRL.A.NO.82 OF 2023
Apponianraj ... Petitioner Vs. The State rep. By Inspector of Police K-10, Koyambedu Police Station Koyambedu, Chennai – 107. Crime No.896 of 2017 ... Respondent
... Respondent
PRAYER: Criminal Miscellaneous Petition filed under Sections 389(1) Cr.P.C. to suspend the sentence of imprisonment imposed in the judgment dated 04.01.2023 made in S.C.No.427 of 2017 on the file of the Sessions Judge, Mahalir Neethimandram, Allikulam, Chennai and enlarge the petitioner on bail pending disposal of the above Criminal Appeal.
For Petitioner : Mr.M.Guruprasad for Mr.D.Lakshmipathy For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor
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Crl.MP No.3957 of 2023 in Crl.A.No.82 of 2023
O R D E R
This Criminal Miscellaneous Petition has been filed by the petitioner to suspend the sentence of imprisonment imposed on the petitioner in the judgment dated 04.01.2023 made in S.C.No.427 of 2017 by the learned Sessions Judge, Mahalir Neethimandram, Allikulam, Chennai and to enlarge him on bail, pending disposal of the above Criminal Appeal.
Section 302 IPC. After trial, the Trial Court found the petitioner guilty of the offence and convicted him under Section 304(Part I) IPC and sentenced him to undergo ten years rigorous imprisonment and to pay a fine of Rs.5,000/-, in default, to undergo simple imprisonment for six months. The accused is in custody from 04.01.2023. In this case, there is no eye witness to the occurrence and prosecution resisted the claim only on circumstantial
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Crl.MP No.3957 of 2023 in Crl.A.No.82 of 2023
evidence and the circumstances is also not proved by the prosecution. Therefore, there is some arguable point in favour of the petitioner / accused and hence, seeks to suspend the sentence and to grant bail till the disposal of the main appeal.
materials available on record.
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20.03.2023
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TK
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To
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Crl.MP No.3957 of 2023 in Crl.A.No.82 of 2023
V.SIVAGNANAM, J.
TK
CRL.MP.NO.3957 OF 2023 IN CRL.A.NO.82 OF 2023
20.03.2023
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1 issue framed by the court
Whether the sentence of imprisonment should be suspended and bail granted pending disposal of the criminal appeal.
1 provisions across 1 enactments
Apponianraj
The State
V.Sivagnanam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
