T.Soundarajan Vs State Rep by

PRAYER : Criminal Miscellaneous Petition filed under Section 430(1) of BNSS, praying to suspend the sentence imposed by the order passed against the petitioner in Sessions Case No.187 of 2022 dated 10.08.2023 on the file of the III Additional Assistant Sessions Judge, Coimbatore and to enlarge the petitioner on bail, pending disposal of the above criminal appeal petition on the file of this Court.

¶12

For Petitioner : Mr.S.Pandiyan

¶13

For Respondent : Mr.S.Raja Kumar, Additional Public Prosecutor

¶14

1/6

¶15

https://www.mhc.tn.gov.in/judis

¶16

Crl.MP.No.1072 of 2025

¶17

ORDER

¶18

This Criminal Miscellaneous Petition has been filed praying to

¶19

suspend the sentence imposed by the order passed against the petitioner in Sessions Case No.187 of 2022 dated 10.08.2023 on the file of the III Additional Assistant Sessions Judge, Coimbatore and to enlarge the petitioner on bail, pending disposal of the above criminal appeal petition on the file of this Court.

¶20

The petitioner herein is the accused in Sessions Case No.187 of

¶21

2022 on the file of the III Additional Assistant Sessions Judge, Coimbatore. He was found guilty of the offence under Section 394 r/w 397 of IPC and he

¶22

has been convicted and sentenced as under:

¶23

Rank	Conviction	Sentence
Sole	Section 394 r/w 397	to undergo rigorous imprisonment for a
accu-	of IPC	period of 7 years and to pay fine of
sed		Rs.1,000/-, in default to undergo six months rigorous imprisonment

¶24

Aggrieved by the same, the petitioner has preferred criminal appeal along

¶25

with this miscellaneous petition.

¶26

2/6

¶27

https://www.mhc.tn.gov.in/judis

¶28

Crl.MP.No.1072 of 2025

¶29

The learned counsel for the petitioner/accused would submit

¶30

that there are arguable points available in the Criminal appeal and the petitioner/accused has got a fair chance of succeeding in the Criminal appeal and hence, the substantive sentence imposed against the petitioner/accused may be suspended. He would submit that the petitioner is ready to abide the condition imposed by this Court.

¶31

Per contra, the learned Additional Public Prosecutor appearing for the respondent/State raised serious objection for allowing this petition. Further, he would contend that the evidences recorded from the prosecution witnesses would prove the case of the prosecution beyond reasonable doubt. According to him, interference of this Court is not necessary in the findings arrived at by the trial Court.

¶32

Heard the learned counsel appearing on either side and also

¶33

perused the materials placed on record.

¶34

On perusal of records, this Court finds no reasons to suspend

¶35

3/6

¶36

https://www.mhc.tn.gov.in/judis

¶37

Crl.MP.No.1072 of 2025

¶38

the sentence imposed on the petitioner. Further, the Trial Court has gone through the evidence in its entirety and convicted the petitioner. Therefore, this Court is not inclined to suspend the sentence of imprisonment imposed on the petitioner.

¶39