Prakash vs State Rep. By
2022 Latest Caselaw 11635 Mad

                                                                   Crl.M.P.No.8373 of 2022 in Crl.A.No.538 of 2021



                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 30.06.2022

                                                            CORAM :

                       THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
                                                Crl.M.P.No.8373 of 2022
                                                           in
                                                  Crl.A.No.538 of 2021

                     Prakash                                                    ..      Petitioner

                                                              Vs
                     State rep. by
                     Inspector of Police
                     E4, Abiramipuram Police Station
                     Crime No.1909 of 2014.                                     ..       Respondent

                     Prayer: Criminal Miscellaneous Petition filed under Section 389 of the

                     Code of Criminal Procedure to suspend the sentence imposed on the

                     petitioner in conviction judgment in S.C.No.184 of 2016 dated 14.07.2021

                     passed by the Hon'ble V Additional Sessions Judge at Chennai and enlarge

                     the petitioner on bail pending disposal of the criminal appeal.



                                    For Petitioner      :      Mr.E.Abdul Rahimon


                                    For Respondent      :      Mr.S.Vinoth Kumar
                                                               Government Advocate (Crl. Side)


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                                                                   Crl.M.P.No.8373 of 2022 in Crl.A.No.538 of 2021

                                                          ORDER

Learned counsel for the petitioner would submit that in this case,

the offence under Section 307 is not at all made out and he has got more

than a prima facie case in the appeal.

2. Per contra, learned Government Advocate (Crl. Side), would

submit that the prosecution has proved the case to the hilt and the Trial

Court has rightly convicted the petitioner.

3. Considering the nature of the allegation of this case and

considering the fact that the petitioner was in prison for a period of about

one year, pending the trial and further he is now in incarceration from

14.07.2021 and considering the fact that it may take a while before this

Court could dispose of the appeal, I am of the view that this is a fit case for

grant of suspension of sentence, pending disposal of the appeal and

accordingly, the sentence is suspended on the following conditions:-

(a) the petitioner is ordered to be released on bail, on executing a

bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) with

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Crl.M.P.No.8373 of 2022 in Crl.A.No.538 of 2021

two sureties each for a like sum to the satisfaction of the Superintendent of

Prison, Central Puzhal Prison, Puzhal;

(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

Court.

30.06.2022 Index : yes/no Speaking order/Non-speaking order drm

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

Crl.M.P.No.8373 of 2022 in Crl.A.No.538 of 2021

To

1. The Inspector of Police E4, Abiramipuram Police Station Crime No.1909 of 2014.

2. The V Additional Sessions Judge, Chennai

3. The Superintendent of Prison, Central Puzhal Prison, Puzhal.

4. The Public Prosecutor, High Court of Madras.

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Crl.M.P.No.8373 of 2022 in Crl.A.No.538 of 2021

D.BHARATHA CHAKRAVARTHY. J.,

drm

Crl.M.P.No.8373 of 2022 in Crl.A.No.538 of 2021

30.06.2022

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