Muthu Beevi Vs State Rep. by, The Inspector of Police

Prayer:- This Criminal Miscellaneous Petition has been filed, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), praying to suspend the sentence imposed in the judgment dated 10.09.2022 in C.C.No.18 of 2013 on the file of the learned Judicial Magistrate No.IV of Coimbatore and confirmed by learned Additional District and Sessions Judge No.IV of Coimbatore in C.A.No.102 of 2022 dated 27.02.2026 and release the revision petitioner on bail pending Criminal Revision Petition.

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For Petitioner(s): Mr.A.Nowfal For Respondent(s): Mr. M.Dinesh, Govt. Advocate (Crl. Side)

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ORDER

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This Criminal Miscellaneous Petition has been filed, by the Revision

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Petitioner, praying to suspend the sentence, imposed on the Revision Petitioner,

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in C.A.No.102 of 2022, dated 27.02.2026, by the learned Additional District

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

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CRL MP No. 8980 of 2026

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and Sessions Court No.IV, Coimbatore, confirming the Judgement of conviction and sentence and order, dated 10.09.2022, made in CC.No.18 of 2013, by the learned Judicial Magistrate No.IV, Coimbatore, till the disposal of the instant Criminal Revision Petition.

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2.By the impugned judgement of conviction and sentence and order of the Trial Court, the Revision Petitioner was convicted for the offences punishable under Sections 6(2), (3) and 14(1) of TNSC (RDCS) Order 1982 r/w 7(i) a (ii) of Essential Commodities Act 1955 and sentenced to undergo Simple Imprisonment for a period of three years and to pay a fine of Rs.5,000/-, in default to undergo further Simple Imprisonment for a period of one month. The impugned judgement of conviction and sentence and order of the Trial Court was confirmed by the lower appellate Court, by its impugned judgement of conviction and sentence and order. It is submitted that during the trial and the subsequent appeal, the petitioner's sentence was suspended, and the petitioner is not currently in jail.

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3.Challenging the above said judgement of conviction and sentence and order, the Revision Petitioner has filed the above Criminal Revision Petition along with the instant Criminal Miscellaneous Petition, seeking suspension of sentence and bail pending disposal of the Criminal Revision.

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4.This Court heard Mr.A.Nowfal, the learned counsel for the Revision Petitioner and Mr.M.Dinesh, learned Government Advocate (Criminal Side) for the Respondent and considered their submissions and also perused materials placed before this Court.

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5.The learned counsel for the Revision Petitioner has submitted that the Appellate Court dismissed the appeal and confirmed the sentence without considering the merits of the case of the Revision Petitioner in the correct and proper legal perspective. It is argued that there are several material infirmities and discrepancies in the case of the Respondent/prosecution, and that the entire case was based on conjectures and surmises. It was further argued that both the Trial Court and the lower Appellate Court failed to notice the foundational errors in the deposition of the witnesses, and the crystal part of the evidence was completely misassessed.

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6.It is further argued that due to pendency of the criminal cases before this High Court, there is a blinking chance that in the near future, this Criminal Revision Case will be finally heard and decided. It is further submitted that there are arguable points in this Criminal Revision Case and the Revision Petitioner has a fair chance of success in this Criminal Revision Case. Thus, the learned counsel for the Revision Petitioner has prayed for suspension of sentence and bail, till the disposal of this Criminal Revision Petition.

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CRL MP No. 8980 of 2026

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7.Several other submissions in order to demonstrate the falsity of the allegations made against the Revision Petitioner have also been placed forth before the Court. It is submitted that the Revision Petitioner was on bail before the Trial Court and the Appellate Court throughout the entire course of the trial and appeal, and she has a record of appearing before the Courts punctually. The circumstances regarding her role as the sole breadwinner of her family and her standing as a law-abiding citizen have also been touched upon at length. It has been assured on behalf of the Revision Petitioner that she is ready to cooperate with the process of law and shall faithfully make herself available before the Court, whenever required and is also ready to accept all the conditions, which the Court may deem fit to impose upon her. The Revision Petitioner undertakes that in case she is released on bail, she will not misuse the liberty of bail and will cooperate in disposal of Revision.

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8.The learned Government Advocate (Criminal Side) for the Respondent has opposed the argument advanced by the learned counsel for the Revision Petitioner and submits that the judgements passed by the Courts below are as per the law, after considering the entire evidence and thus, the relief sought by the Revision Petitioner, at this stage, be refused by this Court.

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9.Considering the arguments advanced by the learned counsel for the Revision Petitioner as well as the learned Govt. Advocate (Criminal Side) for the Respondent, this Court is of the view that the Trial Court has failed to properly appreciate the evidence on record and the judgment was passed without considering the entire materials placed before it, and during the Trial and Appeal, the Revision Petitioner was also on bail.

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10.Further, it is observed that when the accused have been under threat of incarceration and when there are points in the Revision, which favour the accused, then the Courts should not shy from granting suspension of sentence, as the liberty of the individual would be at stake, if the revision results in acquittal at a later point of time. In this regard, the decision of the Hon'ble Supreme Court of India, in the case of Rabi Prakash Vs. The State of Odisha reported in 2023 Live Law (SC) 533 is of relevance.

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11.The Revision Petitioner has raised substantial grounds in the Revision, which require detailed appraisal. Further, the Revision is not likely to be taken up in the near future. In such view of the matter, this Court is of the view that the Revision Petitioner is entitled to the relief of suspension of sentence and bail.

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CRL MP No. 8980 of 2026

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12.Accordingly, pending the Criminal Revision Case, the relief of

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suspension of sentence and bail is granted to the Revision Petitioner on the following conditions:-

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i. The Revision Petitioner shall surrender before the learned Judicial Magistrate

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No.IV, Coimbatore within three weeks from the date of receipt of a copy of this order and on such surrender, the Revision Petitioner is ordered to be released on bail, on her executing a personal bond, along with two sureties for a sum of Rs.15,000/- (Rupees fifteen thousand only) each, subject to furnishing an undertaking that she will co-operate in the hearing of the present Revision.

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ii. The Revision Petitioner and sureties shall affix their Photographs and Left Thumb Impression in the bond and the above said Court may obtain a copy of their Aadhaar card or Bank pass Book to ensure their identity.

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iii.The realization of fine, if any, shall also remain suspended during the pendency of the present Revision.

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iv.The Petitioner shall appear before the learned Judicial Magistrate No.IV, Coimbatore once in every month, ie., on 3rd day of every month commencing from the month of July 2026 at 10.30 a.m., until further orders.

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v. On acceptance of her bail bonds and sureties, the Trial Court shall transmit photostat copies thereof to this Court for being kept on records of this Revision.

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13.With the above directions, this Criminal Miscellaneous Petition is ordered.

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08-06-2026

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Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No

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SHA

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To

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