A criminal miscellaneous petition under Sections 389(1) and 439 of Cr.P.C. was dismissed. The single-judge bench held that the petitioner failed to make out a prima facie case for suspension of sentence by relying on non-corroborated witness testimony.
Petition for suspension of sentence and enlargement on bail stands 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.M.P.No.3109 of 2024 in Crl.A.No.205 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.12.2024
CORAM:
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN
Crl.M.P.No.3109 of 2024 in Crl.A.No.205 of 2024
Sekar
... Petitioner
Vs.
The State rep. by, Inspector of Police, D-2 Selvapuram Police Station, Coimbatore District. (Cr.No.1102/2018) ... Respondent
PRAYER: Criminal Miscellaneous Petition filed under Section 389(1) & 439 of Cr.P.C., seeking to suspend the sentence imposed in the judgment of conviction dated 04.01.2024 in Sessions Case No.56 of 2019 by the III Additional District and Sessions Judge, Coimbatore District, enlarge the petitioner on bail, pending disposal of the above criminal appeal.
For Petitioner : Mr.C.D.Sugumar For Respondent : Mr.S. Rajakumar, Additional Public Prosecutor
Crl.M.P.No.3109 of 2024 in Crl.A.No.205 of 2024
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.)
The learned counsel for the petitioner would submit that except P.W.1, all other witnesses turned hostile. There is no corroborating evidence to establish the deposition of P.W.1. Thus, the petition is to be considered.
2. The learned Additional Public Prosecutor furnished the copy of
the statement of the deceased recorded by the Sub Inspector of Police in the Hospital.
3. We have perused the statement of the deceased and P.W.1. The
post-mortem report speaks about the nature of injuries inflicted on the deceased.
4. Taking note of the evidence of P.W.1 and the nature of injuries sustained by the deceased, we could able to form an opinion that the
Crl.M.P.No.3109 of 2024 in Crl.A.No.205 of 2024
petitioner has not made out a prima facie case for the purpose of
considering the petition for grant of suspension of sentence.
5. Accordingly, this Criminal Miscellaneous Petition stands dismissed.
(S.M.S, J.) (M.J.R, J.) 06.12.2024
Sni
To
1.The III Additional District and Sessions Judge, Coimbatore District.
2.The Inspector of Police, D-2 Selvapuram Police Station, Coimbatore District.
3.The Public Prosecutor, Madras High Court, Chennai – 600 104.
Crl.M.P.No.3109 of 2024 in Crl.A.No.205 of 2024
S.M.SUBRAMANIAM, J. and M.JOTHIRAMAN, J.
Sni
Crl.M.P.No.3109 of 2024 in Crl.A.No.205 of 2024
06.12.2024
2 issues framed by the court
Whether a prima facie case is made out for suspension of sentence by the petitioner.
Whether the petitioner is eligible for enlargement on bail pending the disposal of the criminal appeal.
2 provisions across 1 enactments
Sekar
The State
S.M.Subramaniam
M.Jothiraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
