Ajmal Vs The State Represented 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 on the Revision Petitioner in Crl.A.No.102 of 2024, dated 06.12.2025, by the Special Court for trial of Cases Registered under SC/ST (POA) Act, Tiruppur, confirming the Judgement of conviction and sentence and order, dated 31.01.2024 made in C.C.No.203 of 2019, by the District Munsif cum Judicial Magistrate, Uthukuli till the disposal of the instant Criminal Revision Petition.

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For Revision Petitioner :Mr.K.T.S.Shiva Kumar

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for Mr.S.T.Bharath Gowtham

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For Respondent : Mr. M.Dinesh, Govt. Advocate (crl.side)

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Crl.M.P.No.9528 of 2026

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ORDER

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1.This Criminal Miscellaneous Petition has been filed by the Revision Petitioner, praying to suspend the sentence, imposed on the Revision Petitioner in Crl.A.No.102 of 2024, dated 06.12.2025, by the Special Court for trial of Cases Registered under SC/ST (POA) Act, Tiruppur, confirming the Judgement of conviction and sentence and order, dated 31.01.2024 made in C.C.No.203 of 2019, by the District Munsif cum Judicial Magistrate, Uthukuli till the disposal of the instant Criminal Revision Petition.

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By the impugned judgement of conviction and sentence and order of the

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Trial Court, the Revision Petitioner was convicted and sentenced for the

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offences as follows:

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Petitioner	Conviction	Sentence
A3	U/s.457 r/w.34 IPC	To undergo Simple Imprisonment for three years and to pay a fine of Rs.10,000/-, in default, to undergo Simple Imprisonment for a period of two months
	U/s.380 r/w.34 IPC	To undergo Simple Imprisonment for three years and to pay a fine of Rs.10,000/-, in default in payment, to undergo further sentence of two months Simple Imprisonment.

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The sentences of imprisonment are ordered to run concurrently. Fine

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Crl.M.P.No.9528 of 2026

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amount imposed was already paid.

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3.Challenging the above said judgement of conviction and sentence and order, the Revision Petitioner has filed the above Crl.RC.No.1196 of 2026, 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.K.T.S.Shiva kumar, 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 petitioner/A3 along with other accused is alleged to have trespassed in to a Primary Health Care Center, break open the lock and committed theft of two Lenovo laptops provided by the Government which was kept in the wardrobe. Both the courts below have to note that the alleged recovery and confession statement is highly doubtful. There is total contradiction of statement of witnesses PW1 to PW4 regarding very presence of petitioner at the scene of occurrence as well as participation in the crime. Further the statement of PW5 is highly doubtful and

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Crl.M.P.No.9528 of 2026 suffer from several inconsistencies and discrepancies. In the light of the above infirmities and discrepancies in the evidence of the prosecution

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witnesses, both the Courts below have failed to consider that the prosecution has not proved its case beyond any doubt. It was further argued that the learned Trial Court as well as appellate Court also failed to notice the discrepancies in the deposition of witnesses and the crystal part of the evidences was not at all assessed by both the Courts below It was further argued that the judgment passed by both the Courts below was based on surmises and conjectures without considering the entire evidence on record.

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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 the petitioner is now confined in jail and 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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7.Several other submissions in order to demonstrate the falsity of the 4/9

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Crl.M.P.No.9528 of 2026 allegations made against the Revision Petitioner have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the Revision Petitioner that he is ready to cooperate with the process of law and shall faithfully make himself available before the Court, whenever required and is also ready to accept all the conditions, which the Court may deem fit to impose upon him. The Revision Petitioner undertakes that in case he is released on bail, he 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 appreciate the evidence on record and the judgment was

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Crl.M.P.No.9528 of 2026 passed without considering the entire materials place before it and during

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the Trial the Revision Petitioner was also on bail and now the petitioner is in jail.

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10.Further, it is observed that when the accused have been under incarceration for sometime 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 Odhisha 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 and the petitioner has been now confined in prison. 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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12.Accordingly, pending the Criminal Revision Case, the relief of suspension of sentence and bail is granted to Revision Petitioner, namely, Ajmal, Son of Amanulla on the following conditions:-

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Crl.M.P.No.9528 of 2026 i. The Revision Petitioner is ordered to be released on bail, on his executing a personal bond before the learned District Munsif-cumJudicial Magistrate, Uthukuli along with two sureties for a sum of Rs.15,000/ - each, subject to furnishing undertaking that he will cooperate 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 Petitioner shall appear before the District Munsif-cumJudicial Magistrate, Uthukuli once in every month, ie., on the 3^rd day of every month commencing from the month of July 2026 at 10.30 a.m., until further orders.

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iv. On acceptance of his 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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With the above directions, this Criminal Miscellaneous Petition is ordered.

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Index:Yes/No Web:Yes/No Speaking/Non Speaking Neutral Citation msr

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