Petitioner convicted by Mahila Court, Cuddalore for offences punishable under Sections 498-A and 302 IPC sought suspension of sentence pending appeal. The court held he failed to establish any prima facie ground, with remaining grounds to be argued in the appeal.
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Crl.MP.No.6842/2024 in Crl.A.No.141/2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 07.08.2024
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND
THE HONOURABLE MR. JUSTICE V.SIVAGNANAM Crl.MP.No.6842/2024 in Crl.A.No.141/2024
R.Manikandan
.. Petitioner/Appellant
Versus
State Represented by Panruti Police Station, Panruti, Cuddalore District.
.. Respondent
Prayer:-Civil Miscellaneous Petition filed under Section 389[1] of Cr.P.C., to suspend the execution of the sentence dated 27.02.2019 passed in S.C.No.189/2018 on the file of Mahila Court, Cuddalore against the petitioner/appellant and enlarge the petitioner on bail pending disposal of the above Criminal Appeal.
For Petitioner : Mrs.S.Thamizharasi For Respondent : Mr.S.Raja Kumar Additional Public Prosecutor
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Crl.MP.No.6842/2024 in Crl.A.No.141/2024
ORDER
[Order of the Court was made by S.M.SUBRAMANIAM, J.]
The petitioner seeks suspension of sentence against conviction and
sentence passed by the Mahila Court, Cuddalore in SC.No.189 of 2018 dated 27.02.2019, pending disposal of the criminal appeal.
498-A and 302 of IPC and he was convicted and sentenced as follows:
| Offence under Section | Sentence imposed | |
|---|---|---|
| 498-A of IPC | To undergo imprisonment for three years with Rs.5,000/- (Ru Thousand Only) i payment of fine Simple Imprison period of six mont |
rigorous a term of a fine of pees Five n default of to undergo ment for a hs. |
| 302 of IPC | To undergo imprisonment for pay a fine of (Rupees Ten Tho in default of pay to undergo Imprisonment for twoyears. |
rigorous life and to Rs.10,000/- usand Only) ment of fine Simple a period of |
The imprisonment shall run concurrently
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Crl.MP.No.6842/2024 in Crl.A.No.141/2024
reveals that the petitioner burnt his wife by pouring kerosene on her body.
the purpose of considering this Miscellaneous Petition for suspension of sentence. The other grounds raised are to be argued in the pending criminal appeal. Consequently, this Miscellaneous Petition stands dismissed .
[S.M.S., J.] [V.S.G., J.] 07.08.2024
veda Internet: Yes
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Crl.MP.No.6842/2024 in Crl.A.No.141/2024
To
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Crl.MP.No.6842/2024 in Crl.A.No.141/2024
S.M.SUBRAMANIAM, J. and V.SIVAGNANAM, J.
veda
Crl.MP.No.6842/2024 in Crl.A.No.141/2024
07.08.2024
5
1 issue framed by the court
Whether the petitioner's sentence under Sections 498-A and 302 IPC should be suspended pending disposal of his criminal appeal.
3 provisions across 2 enactments
R.Manikandan
State Represented by Panruti Police Station, Panruti, Cuddalore District
S.M.Subramaniam
V.Sivagnanam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
