R.Mathaiyan v. State Rep by
Case brief
What is this about?
The High Court converted the petitioner's interim suspension of sentence into regular bail until the disposal of the main appeal, accepting that the entire fine amount was deposited. The order imposed a strict monthly appearance before the Trial Court and directed filing an application under Section 317 Cr.P.C. for any subsequent absence.
What did the court decide?
Interim suspension of sentence converted to regular bail pending disposal of appeal with condition to report to Trial Court once in three months and file Section 317 Cr.P.C. application for any absenc
What the court decided
A compact analysis
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.M.P.No.14036 of 2024 in Crl.A.No.310 of 2023
Crl.M.P.No.14036 of 2024 in Crl.A.No.310 of 2023
M. NIRMAL KUMAR , J.
This Criminal Miscellaneous Petition is filed seeking to extend the period of interim suspension of sentence passed in the conditional order dated 28.03.2023 imposed by this Court in Crl.M.P.No.4234 of 2023 in Crl.A.No.310 of 2023 until the disposal of main appeal.
2.The petitioner/A5 in C.C.No.4 of 2015 was convicted by the trial Court by judgment dated 06.03.2023. In this case, the defaulted amount is around Rs.74,00,000/- and the persons, who have been cheated are 46 depositors. As per the Lower Court order, there are 7 accused and each accused were directed to pay fine amount of Rs.12,60,000/-. Aggrieved against the conviction, the petitioner preferred an appeal before this Court in C.A.No.310 of 2023 along with suspension of sentence in Crl.M.P.No.4234 of 2023. This Court, by order dated 28.03.2023, granted interim bail for a period of three months with certain conditions. One of the conditions is that the petitioner to pay 20% of the fine amount imposed by the trial Court
Crl.M.P.No.14036 of 2024 in Crl.A.No.310 of 2023
within a period of one month from the date of release. Thereafter, Crl.M.P.No.4234 of 2023 listed for clarification on 05.04.2023 and this Court clarified that petitioner to settle the dues to the depositors within a period of one month from the date of his release. Thereafter, the petitioner filed Crl.M.P.No.5928 of 2024 seeking to extend the period of suspension of sentence passed in the conditional order dated 28.03.2023. This Court, by order dated 04.04.2024, taking into consideration the petitioner's plea, directed the petitioner to deposit remaining 80% of fine amount within a period of four weeks from the date of receipt of a copy of that order.
Issues for consideration
2 issues framed by the court
Whether interim suspension of sentence should be extended to cover the disposal of the main appeal upon full deposit of the fine.
How to reconstruct and extend the scope of interim bail as regular bail with attendance conditions.
Parties & counsel
- petitioner
M. NIRMAL KUMAR
- respondent
THE STATE
Coram
M. NIRMAL KUMAR
Case details
As recorded by the court registry
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