Petition under Section 389 Cr.P.C. for suspension of sentence in a bomb blast case was dismissed as the petitioner failed to make out a prima facie case, despite submissions regarding lack of direct evidence.
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.1998 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.11.2024
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN
Crl.MP.No.1998 of 2024 in Crl.A.No.160 of 2024
Sivaraj ...Petitioner / Appellant
Versus
The Inspector of Police, Sirumugai Police Station Annur, Coimbatore (Crime No.256 of 2019)
.. Respondent
Prayer:-Criminal Miscellaneous Petition filed under Section 389[1] & [2] of Cr.P.C., pleased to suspend the sentence imposed by judgment in SC.No.118 of 2021 dated 22.08.2023 on the file of the learned Sessions Judge for Trial of Bomb Blast Cases, Coimbatore.
For Petitioner : Mr.A.Tamilarasan
For Respondent : Mr.S.Rajakumar Additional Public Prosecutor
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Crl.MP.No.1998 of 2024
ORDER [Order of the Court was made by S.M.SUBRAMANIAM, J]
This criminal miscellaneous petition has been filed seeking to suspend
the sentence imposed by judgment in SC.No.118 of 2021 dated 22.08.2023 on the file of the learned Sessions Judge for Trial of Bomb Blast Cases, Coimbatore.
none other than the brothers of the deceased.
nature of the injuries as defined in the post-mortem report with the M.Os recovered would be sufficient to form an opinion that the petitioner/appellant
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Crl.MP.No.1998 of 2024
has not made out prima facie case for grant of suspension of sentence.
submit that there is no direct evidence to establish the commission of crime, all those grounds are to be considered during the course of hearing of the criminal appeal.
suspension of sentence. Accordingly, the petition is dismissed.
[S.M.S., J.] [M.J.R., J.]
19.11.2024
tsh
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Crl.MP.No.1998 of 2024
To
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Crl.MP.No.1998 of 2024
S.M.SUBRAMANIAM, J. AND M.JOTHIRAMAN, J.
tsh
Crl.MP.No.1998 of 2024
19.11.2024
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1 issue framed by the court
Whether the petitioner has made out a prima facie case for the suspension of sentence pending appeal?
1 provisions across 1 enactments
Sivaraj
The Inspector of Police, Sirumugai Police Station Annur, Coimbatore
S.M. Subramaniam
M. Jothiraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
