Madras High Court
Mohammed Kallel vs The State Rep. By on 23 June, 2022
Crl.M.P.No.776 of 2022 in Crl.A.No.65 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.06.2022
CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
Crl.M.P.No.776 of 2022
in
Crl.A.No.65 of 2022
Mohammed Kallel .. Petitioner
Vs
The State Rep. by
Inspector of Police (Crime)
Vellore North Police Station
Vellore District.
(Crime No.41 of 2015) .. Respondent
Prayer: Criminal Miscellaneous Petition filed under Section 389(1) r/w
Section 439 of the Code of Criminal Procedure to suspend the sentence of
seven years rigorous imprisonment and to pay a fine of Rs.500/- in default
of payment of fine to undergo one month rigorous imprisonment u/s 452
and ten years rigorous imprisonment and to pay a fine of Rs.1,000/- in
default of payment of fine to undergo two months rigorous imprisonment
for the offences u/s 392 r/w 397 of IPc and the same has to be run
concurrently on the petitioner/appellant in S.c.no.135 of 2015 on the file of
the Hon'ble Fast Track Mahila Court, (Sessions Court) Vellore, Vellore
District vide order dated 14.12.2020 and enlarge the petitioner on bail.
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Crl.M.P.No.776 of 2022 in Crl.A.No.65 of 2022
For Petitioner : Mr.M.Sathishkumar
For Respondent : R.Vinoth Kumar
Government Advocate (Crl. Side)
ORDER
Learned counsel for the petitioner would submit that, as against the
sentence of seven years rigorous imprisonment of the petitioner, the
petitioner is in prison from the date of the judgment, that is, from
14.12.2020 and he would submit that the Trial Court has erroneously
convicted the petitioner for offences under Section 397 and 452 of the
Indian Penal code and would submit that the petitioner has got prima facie
case and prays for suspension of sentence.
2. Heard learned Government Advocate(Crl. Side) and would submit
that the prosecution in this case has recovered the gold chain and proved
the case to the hilt and therefore, the Trial Court has rightly convicted the
petitioner.
3. Upon considering the submissions made by learned counsel for
the petitioner, and considering grounds of appeal raised in this appeal for
https://www.mhc.tn.gov.in/judis
Crl.M.P.No.776 of 2022 in Crl.A.No.65 of 2022
the purpose of prima facie case, and considering the fact that the petitioner
has not no other antecedents, I am of the view that this is a fit case for
grant of suspension of sentence, pending appeal and therefore, I am
inclined to suspend the sentence and grant bail to the petitioner on the
following conditions:-
(a) the petitioner is ordered to be released on bail, on his executing 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 Superintendent of
Prison, Central Vellore Prison, Vellore;
(b) the petitioner and the sureties shall affix their photographs and
left thumb impressions in the surety bonds and the learned Magistrate may
obtain a copy of their Aadhar Cards or Bank Pass books to ensure their
identities;
(c) the petitioner shall appear before the Trial Court on the first
working day of every English Calendar Month 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
https://www.mhc.tn.gov.in/judis
Crl.M.P.No.776 of 2022 in Crl.A.No.65 of 2022
Court.
7. This Criminal Miscellaneous Petition is ordered accordingly.
23.06.2022
Index : yes/no
Speaking order/Non-speaking order
drm
To
1. The Inspector of Police (Crime)
Vellore North Police Station
Vellore District.
(Crime No.41 of 2015)
2. The Public Prosecutor, High Court of Madras.
3. The Superintendent of Police, Central Vellore Prison, Vellore.
4. The Fast Track Mahila Court
(Sessions Court) Vellore, Vellore District.
https://www.mhc.tn.gov.in/judis
Crl.M.P.No.776 of 2022 in Crl.A.No.65 of 2022
D.BHARATHA CHAKRAVARTHY. J.,
drm
Crl.M.P.No.776 of 2022
in
Crl.A.No.65 of 2022
23.06.2022
https://www.mhc.tn.gov.in/judis
