Lokesh Vs the State Rep by

Prayer: Petition filed under Section 389 (1) of Cr.P.C. to suspend the sentence imposed on the petitioner in S.C.No.66 of 2017 passed by the Sessions Division of the Nilgiris District at Udhagamandalam by a judgment dated 13.09.2023 and enlarge the petitioner on bail pending disposal of the above criminal appeal.

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For Petitioner : Mr.K.Balasubramaniam For Respondent : Mr.A.Damodaran Addl. Public Prosecutor Assisted by M.Arifa Thasneem, Advocate O R D E R

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(Order of the Court was made by N.SATHISH KUMAR.J .,) This Criminal Miscellaneous Petition has been filed seeking to

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suspend the sentence and conviction made in the judgment dated 13.09.2023,

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

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in S.C.No.66 of 2017, on the file of the learned Sessions Division of the

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Nilgiris District at Udhagamandalam, pending disposal of the Criminal

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Appeal before this Court and enlarge the petitioner on bail.

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Learned Sessions Judge, Sessions Division of the Nilgiris

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District at Udhagamandalam, in S.C.No.66 of 2017, had convicted and

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sentenced the petitioner as follows:

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Rank of the Accused	Offence	Imprisonment	Fine
			Rs.2,00,000/- in
A1	302 IPC	Imprisonment for life	default to undergo Simple Imprisonment for three years.

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3. Challenging the above conviction and sentence, the petitioner

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has filed the present Criminal Appeal and he seeks suspension of sentence

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and bail in the present Miscellaneous Petition.

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4. Le arned counsel for the appellant / petitioner submitted that

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there are arguable points available in the Criminal Appeal and that the appellant/petitioner has a fair chance of succeeding in the same. Therefore,

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the substantive sentence imposed against the appellant / petitioner may be suspended. He also submitted that the appellant / petitioner is ready to abide

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by any condition imposed by this Court.

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The learned Additional Public Prosecutor appearing on behalf

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of the respondent filed the counter affidavit and objected granting of suspension of sentence to the petitioner.

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We have heard the rival submissions and perused the entire

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materials available on record.

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7. Accordingly, considering the submissions made on either side

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and taking into account the fact that the Criminal Appeal is not likely to be

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taken up for final hearing in the near future, this Court is of the view that the substantive sentence of imprisonment alone can be suspended on certain conditions.

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Accordingly, this Criminal Miscellaneous Petition stands

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allowed and the sentence imposed on the petitioner is suspended on the

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following conditions:-

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(i) The petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), with two sureties for a like sum to the satisfaction of the learned Sessions Division of the Nilgiris District at Udhagamandalam, The Nilgiris;

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(ii) The petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the trial Court may obtain a copy of their Aadhar card or Bank pass Book and mobile numbers to ensure their identity;

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(iii) The petitioner shall appear before the trial Court on every Monday at 10.30 a.m., until the disposal of the Criminal Appeal and if he is not able to appear before the trial Court on any day, he shall make arrangements to file an application under Section 317 of Cr.P.C. and shall appear before the trial Court on any other day in lieu of the date of his absence, as directed by the trial Court.

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(iv) On the failure of any of the above conditions by the petitioner / accused, it is open to the trial Court to commit the petitioner / accused into custody for undergoing the sentence.

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(N.S.K.,J.) (M.J.R.,J.) 18.11.2025

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sli

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To