Balakumaran v. State rep by
Case brief
What is this about?
This judgment is a criminal miscellaneous petition (suspension of sentence and bail) filed under Section 389(1) Cr.P.C. The High Court suspended the petitioner's sentence and enlarged him on bail, citing irregularities in the trial proceedings including the omission to examine the Motor Vehicle Inspector and Postmortem Doctor.
What did the court decide?
Sentence suspended pending disposal of revision; petitioner enlarged on bail with bond of Rs.10,000/- and two sureties.
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.3955 of 2024 in Crl.R.C.No.413 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.03.2024
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
Crl.M.P.No.3955 of 2024 in Crl.R.C.No.413 of 2024
Balakumaran ... Petitioner
Vs.
State rep.by The Inspector of Police, Sankari Police Station, Salem District. [Crime No.11/2019]. ... Respondent
PRAYER: Criminal Miscellaneous Petition filed under Sections 389(1) the Code of Criminal Procedure, to suspend the sentence in order passed in Crl.A.No.88 of 2023 by the learned I Additional District and Sessions Judge, Salem, dated 08.01.2024 confirming the sentence and conviction of the petitioner in C.C.No.36 of 2019 on the file of the Judicial Magistrate No.I, Sankari vide order dated 19.04.2019 and release the petitioner on bail.
For Petitioner : Mr.R.K.Gandhi For Respondent : Mr.S.Raja Kumar Additional Public Prosecutor
Issues for consideration
2 issues framed by the court
Whether to suspend the sentence and release the petitioner on bail pending disposal of the criminal revision.
Whether the proceedings suffer from material irregularities such as non-examination of the Motor Vehicle Inspector and Postmortem Doctor.
Parties & counsel
- petitioner
Balakumaran
- respondent
State rep.by The Inspector of Police, Sankari Police Station, Salem District.
Coram
M.Nirmal Kumar
Case details
As recorded by the court registry
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