Raja Vs The State of Tamilnadu

PRAYER: This Petition is filed under Section 430(1) of BNSS praying to suspend the sentence imposed against the petitioner in Spl.S.C.No.88/2010 dated 25.07.2025 on

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the file of the learned I Additional District and Sessions Judge (PCR), Thanjavur and enlarge him on bail pending disposal of the above appeal.

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ORDER

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The Criminal Miscellaneous Petition is filed to suspend the sentence imposed https://www.mhc.tn.gov.in/judis

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CRL MP(MD) NO. 10305 of 2025

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by the learned I Additional District and Sessions Judge (PCR), Thanjavur, dated 25.07.2025 in Spl.S.C.No.88/2010 till the disposal of appeal.

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The appellant is the sole accused, who has been found guilty and convicted for the offence under Section 3(1)(x) of SC/ST (POA) Act and Sections 355 and 323 of IPC and sentenced to undergo six months of rigorous imprisonment and to pay a fine of Rs.1000/-, in default to undergo one month of simple imprisonment for the offence under Section 3(1)(x) of SC/ST (PO)A Act; to undergo six months of rigorous imprisonment and to pay a fine of Rs.500/-, in default to undergo one month of simple imprisonment; and to undergo three months of rigorous imprisonment and to pay a fine of Rs.300/-, in default to undergo two weeks of simple imprisonment.

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The learned counsel appearing for the appellant submitted that the eyewitnesses have not supported the case of the prosecution, but the learned trial Judge had ignored the same; the Investigating Officer, who was examined as P.W.9 has stated in his evidence that the complaint does not have the date; and the statement of the victim recorded by the Sub-Inspector of Police, Devadoss, has not been sent to the Court.

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The learned Government Advocate (Crl. Side) appearing for the first respondent submitted that the prayer for suspension of sentence can be considered on conditions.

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

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CRL MP(MD) NO. 10305 of 2025

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As there is no possibility to take up the appeal within a short period and also

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considering the grounds made out to admit this appeal, I feel it is appropriate to suspend the sentence alone on conditions. Accordingly, the substantive part of the sentence alone is suspended and the petitioner is enlarged on bail on the following conditions:

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i. that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned I Additional District and Sessions Judge (PCR), Thanjavur;

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