Petitioner convicted by Principal Sessions Judge, Tiruppur sought suspension of his conviction sentence under Section 389(1) CrPC, citing the earlier suspension granted to co-accused A3. The court noted A3's suspension rested on a finding of no recovery or motive against A3, which the petitioner cannot claim, and dismissed the petition.
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.4907 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.12.2024
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN
Crl.MP.No.4907 of 2024 in Crl.A.No.320 of 2024
Balaguru
...Petitioner
Versus
State represented by, The Inspector of Police, Uthukuli Police Station, Tiruppur District, Crime No.434 of 2018.
...Respondent
Prayer:- Criminal Miscellaneous Petition filed under Section 389 (1) of Cr.P.C.,to suspend the judgment in S.C.No.123 of 2021, on the file of the learned Principal Sessions Judge, Tiruppur, dated 23.08.2022 and enlarge the petitioner on bail.
For Petitioners : Mr.J.Jayan for Mr.N.Arun Kumar
For Respondent : Mr.S.Raja Kumar Additional Public Prosecutor ORDER
1/4
Crl.MP.No.4907 of 2024
[Order of the Court was made by S.M.SUBRAMANIAM, J] This criminal miscellaneous petition has been filed seeking to suspend
the judgment in S.C.No.123 of 2021, on the file of the learned Principal Sessions Judge, Tiruppur, dated 23.08.2022 and enlarge the petitioner on bail.
2.The learned counsel for the petitioner would submit that the conviction was made based on the last seen theory. Suspension of sentence was granted in respect of A3 and therefore, the present petition is also to be considered.
3.We have gone through the order dated 11.12.2023, passed in Crl.M.P.No.2136 of 2023, in Crl.A.No.1144 of 2022, wherein, suspension
of sentence was granted for A3 and this Court has made a specific finding as follows:
5.On perusal of the records, we find that the
body of the deceased was recovered from the house of A1. There is no recovery of any weapon or any article from A3 which would connect A3
2/4
Crl.MP.No.4907 of 2024
with the crime. Admittedly, there is no motive alleged against A3. It is well settled that conviction cannot be based on the circumstance of last seen alone. In such circumstances, finding that the petitioner has got a fair chance of success in the appeal as against his conviction, we are inclined to suspend the sentence.
similar treatment of granting suspension of sentence extended to A3. Consequently, this criminal miscellaneous petition stands dismissed.
13.12.2024
sli
To
S.M.SUBRAMANIAM, J.
3/4
Crl.MP.No.4907 of 2024
AND M.JOTHIRAMAN, J.
sli
Crl.MP.No.4907 of 2024 in Crl.A.No.320 of 2024
13.12.2024
4/4
1 issue framed by the court
Whether suspension of sentence should be granted to the petitioner on parity with the suspension granted to A3.
1 provisions across 1 enactments
Balaguru
State represented by The Inspector of Police, Uthukuli Police Station, Tiruppur District
S.M.Subramaniam
M.Jothiraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
