Conviction under NDPS Act with 12-year sentence challenged by appeal; court suspends substantive sentence pending appeal, enlarges petitioner on bail with bond, two sureties and twice-weekly trial court attendance.
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Crl.MP.No.941 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14.06.2024
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI
Crl.MP.No.941 of 2024
in Crl.A.No.94 of 2024
Ayyanna
...Petitioner
Vs.
State rep. by The Inspector of Police, H-1 Washermenpet Police Station, Chennai.
...Respondent
Criminal Miscellaneous Petition filed under Section 389(1) of Cr.P.C., to suspend the sentence passed in CC.No.281 of 2022 order dated 26.12.2023 on the file of Principal Special Court under EC & NDPS Act, Chennai and enlarge the petitioner on bail, pending disposal of the above appeal.
For Petitioner : Mr.T.S.Sasi Kumar
For Respondent : Mrs.G.V.Kasthuri, Additional Public Prosecutor
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Crl.MP.No.941 of 2024
O R D E R
This Criminal Miscellaneous petition has been filed seeking to suspend the sentence of imprisonment imposed in CC.No.281 of 2022 dated 26.12.2023 on the file of the Principal Special Court under EC & NDPS Act, Chennai and enlarge the petitioner on bail.
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Crl.MP.No.941 of 2024
prosecution and the prosecution evidence is also highly unbelievable and petitioner is now confined in Central Prison-I, Puzhal, Chennai for about 2 years. Accordingly, he prayed for appropriate orders.
the appeal and further, the appeal is not likely to be taken up for final hearing in the near future and also considering the period of incarceration, I am of the considered opinion that the petitioner is entitled for the relief of suspension of sentence.
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Crl.MP.No.941 of 2024
(Rupees Ten Thousand only), with two sureties each for a like sum to the satisfaction of the Principal Special Court under EC & NDPS Act, Chennai and on further condition that the petitioner shall appear before the trial Court twice in a week i.e., on Monday and Friday of every week at 10.30 am, pending appeal.
offence in the future, the suspension of substantive sentence alone granted today will automatically stand dismissed without any further reference to this Court.
14.06.2024
skt
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To
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Crl.MP.No.941 of 2024
M.DHANDAPANI, J.
skt
Crl.MP.No.941 of 2024 in Crl.A.No.94 of 2024
14.06.2024
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1 issue framed by the court
Should the petitioner's 12-year sentence under Sections 8(c)/20(b)(ii)(C) NDPS Act be suspended pending the appeal, given arguable points and period of incarceration?
2 provisions across 2 enactments
Ayyanna
State rep. by The Inspector of Police, H-1 Washermenpet Police Station, Chennai
M.Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
M.Dhandapani
