Madras High Court
Raj @ Surendar ... Revision vs State Rep. By on 28 April, 2022
Crl.R.C.No.454 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.04.2022
CORAM
THE HONOURABLE MR.JUSTICE R.PONGIAPPAN
Crl.R.C.No.454 of 2022
Raj @ Surendar ... Revision Petitioner/A2
Vs.
State Rep. By
The Inspector of Police,
Paramathi Police Station,
Namakkal District.
(Crime No.157 of 2021) ... Respondent/Complainant
Criminal Revision Case filed under Section 397 r/w 401 of of the Code
of Criminal Procedure, against the order dated 22.12.2021 made in
Cr.M.P.No.278 of 2021 in C.A.No.113 of 2021, on the file of the learned
Sessions Judge, Special Court for trial of cases Registered under SC/ST
(PoA) Act, Namakkal.
For Revision Petitioner : Mr.S.Suresh
For Respondent : Mr.Leonard Arul Joseph Selvam
Government Advocate (Crl.Side)
1/6
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Crl.R.C.No.454 of 2022
ORDER
This Criminal Revision Case has been filed to set aside the order
dated 22.12.2021, passed in Cr.M.P.No.278 of 2021 in C.A.No.113 of
2021, on the file of the learned Sessions Judge, Special Court for trial of
cases Registered under SC/ST (PoA) Act, Namakkal.
2. The petitioner Raj @ Surender is arrayed as Accused No.2 in
C.C.No.8 of 2021 on the file of the Judicial Magistrate Court, Paramathi.
The learned Judicial Magistrate, Paramathi, by judgment dated
31.03.2021 found the petitioner/A2 guilty under Sections 458, 342 and
380 r/w 34 of IPC, convicted and sentenced him as follows:
Offence Sentence
458 IPC To undergo rigorous imprisonment for three years.
342 IPC To pay a fine of Rs.1,000/-, in default to undergo simple
imprisonment for three months.
380 r/w 34 IPC To undergo rigorous imprisonment for three years.
The trial Court also ordered the sentences to run concurrently.
3. Challenging the same, the petitioner preferred an appeal in
C.A.No.113 of 2021 on the file of the learned Sessions Judge, Special
Court for Trial of Cases registered under SC/ST (PoA) Act, Namakkal,
along with Criminal Miscellaneous Petition in Crl.M.P.No.278 of 2021,
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Crl.R.C.No.454 of 2022
for suspending the sentence imposed by the learned Judicial Magistrate,
Paramathi.
4. The learned Sessions Judge, Special Court for Trial of Cases
registered under SC/ST (PoA) Act, by order dated 22.12.2021, dismissed
the Criminal Miscellaneous Petition filed by the revision petitioner and
refused to suspend the sentence imposed upon him. Challenging the
order of refusal the petitioner is before this Court with this Criminal
Revision Case.
5. Heard Mr.S.Suresh, learned counsel appearing on behalf of the
revision petitioner and Mr.Leonard Arul Joseph Selvam, learned
Government Advocate (Crl.Side) appearing on behalf of the State and
perused the materials available on record.
6. Now, on going through the evidence given by PW1-Ganesan
before the trial Court, it seems that while at the time of occurrence the
revision petitioner and two others after showing iron rod and also after
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Crl.R.C.No.454 of 2022
attacking the Watchman, opened the temple and had stolen away the case
properties. Later, the same was recovered by the respondent police in the
presence of PW5-Murugesan.
7. The evidence given by the other witnesses coupled with the
evidence of PW1 and PW5, would clearly narrate the fact that the
petitioner and others had stolen away the temple properties. In this
regard, the first appellate Court after considering the gravity of the
offence committed by the revision petitioner refused to suspend the
sentence imposed upon him.
8. It is the settled law that there is a difference between grant of
bail and grant of suspension of sentence. While at the time of granting
bail, we would consider the presumption of innocence. On the other
hand, at the time of suspending the sentence, the presumption does not
arise. The first appellate Court by relying on the judgments of our
Hon'ble Apex Court in Preet Pal Singh Vs. The State of Uttar Pradesh
and Another [Crl.A.No.520 of 2020] and Somesh Chaurasia Vs. State
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Crl.R.C.No.454 of 2022
of M.P. & Another [Crl.A.No.590-591 of 2021], has come to the correct
conclusion that the sentence imposed by the trial Court cannot be
suspended. More than that, the revision petitioner is having five
previous cases. Accordingly, in all, this Court is not inclined to entertain
this Criminal Revision Case and the same is dismissed. However,
considering the facts and circumstances, it would be appropriate to direct
the first appellate Court to dispose of the appeal, within a specific period.
9. Accordingly, the first appellate Court viz., the learned Sessions
Judge, Special Court for Trial of Cases registered under SC/ST (PoA)
Act, Namakkal, is directed to dispose of the appeal in C.A.No.113 of
2021, within a period of three months from the date of receipt of a copy
of this order.
28.04.2022
Speaking/Non-speaking order
Index: Yes / No
ars
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Crl.R.C.No.454 of 2022
R.PONGIAPPAN, J.
ars
To
1. The Sessions Judge,
Special Court for Trial of Cases registered under SC/ST (PoA) Act,
Namakkal.
2. The Inspector of Police,
Paramathi Police Station,
Namakkal District.
3. The Public Prosecutor,
High Court, Madras.
Crl.R.C.No.454 of 2022
28.04.2022
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