High Court allowed Criminal Miscellaneous Petition filed for suspension of sentence and release on bail. Court granted bail pending disposal of substantive appeal against conviction under POCSO and IPC.
Sentence suspended; petitioner released on bail upon executing bond and sureties and complying with summons conditions.
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.4614 of 2024 in Crl.A.No.308 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.11.2024
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN
Crl.M.P.No.4614 of 2024 in Crl.A.No.308 of 2024
Sakunthala ... Petitioner
Vs.
The Inspector of Police, W4, All Women Police Station, Kilpauk, Chennai 10. ... Respondent
PRAYER: Criminal Miscellaneous Petition filed under Section 389 [1] of Cr.P.C. to suspend the sentence passed against the petitioner in Spl.S.C.No.58 of 2021 and the judgment dated 06.02.2024 passed by the Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Chennai and the petitioner to be released on bail pending disposal of the above appeal.
For Petitioner : Mr.M.Arvind Kumar For Respondent : Mr.Dr.C.E.Pratap Government Advocate (Crl.Side)
ORDER
This Criminal Miscellaneous Petition has been filed seeking to
suspend the sentence imposed on the petitioner in Spl.S.C.No.58 of 2021
vide judgment dated 06.02.2024, passed by the Sessions Judge, Special
Court for Exclusive Trial of Cases under POCSO Act, Chennai and the
petitioner to be released on bail pending disposal of the above appeal.
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wreak vengeance on her husband had forged the lab report making it to appear that the child was pregnant due to the alleged penetrative sexual assault committed by her husband.
3.The petitioner was convicted for the offence under Section 468, 471 IPC and Section 22 of POCSO Act, 2012 and under Section 468 IPC sentenced to undergo imprisonment for 5 years, with a fine of Rs.2,000/in default to undergo simple imprisonment for 1 month, under Section 471 IPC sentenced to undergo imprisonment for 5 years, with a fine of Rs.2000/-, in default, to undergo simple imprisonment for 1 month, under Section 22 of POCSO Act sentenced to undergo imprisonment for one year. The period already undergone by the accused was ordered to be set off against the sentence under Section 428 Cr.P.C. and the sentence were ordered to run concurrently.
4.The learned counsel for the petitioner would submit that there is no evidence adduced on the side of the prosecution to substantiate the allegation of forgery. He further submitted that the petitioner a woman is in custody from 06.02.2024 and that the petitioner has raised
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substantial grounds in the appeal and prayed that the sentenced imposed on the petitioner may be suspended.
5.The learned Government Advocate (Crl.Side) vehemently
opposed the grant of suspension of sentence to the petitioner.
6.This Court on perusal of the grounds of appeal found that the petitioner has raised substantial grounds and raised a doubt as to whether the petitioner had committed forgery of Ex.P10. The point raised by the petitioner requires consideration in the appeal.
7.Therefore, considering the above facts, the period of
incarceration from 06.02.2024 and the fact that the appeal is not likely to be taken up in the near future, this Court is inclined to grant the relief of suspension of sentence to the petitioner.
and the sentence imposed on the petitioner is suspended and the petitioner is ordered to be released on bail on the following conditions:
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Crl.M.P.No.4614 of 2024 in Crl.A.No.308 of 2024
with two sureties, each for a like sum to the satisfaction of the learned Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Chennai 600 104.
08.11.2024
sli
Issue order copy by 11.11.2024 Upload the order copy forthwith.
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Crl.M.P.No.4614 of 2024 in Crl.A.No.308 of 2024
SUNDER MOHAN, J.
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Crl.M.P.No.4614 of 2024 in Crl.A.No.308 of 2024
08.11.2024
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3 issues framed by the court
Whether the sentence of the petitioner convicted under POCSO and IPC should be suspended to allow her appeal.
Whether the petitioner, in custody since judgment against her is likely to be heard in appeal, should be released on bail pending appeal.
Whether substantial grounds raised in the appeal regarding forgery allegations warrant suspension of sentence.
3 provisions across 2 enactments
Sakunthala
The Inspector of Police, W4, All Women Police Station, Kilpauk, Chennai 10.
SUNDER MOHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
