Madras High Court
Mohamed Sheriff vs State Rep. By on 6 October, 2022
Crl.M.P.No.15404 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.10.2022
CORAM:
THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
Crl.M.P.No.15404 of 2022
in Crl.A.No.1111 of 2022
1.Mohamed Sheriff
2.Mohamed Hussain
3.Ameen Shah ... Petitioners
Vs.
State rep. by,
The Inspector of Police,
N-3, Muthialpet Police Station,
Chennai.
(Crime No.903 of 2016) ... Respondent
PRAYER: Criminal Miscellaneous Petition filed under Section 389(1) of
Cr.P.C., to suspend the sentence of imprisonment imposed on the petitioners
in S.C.No.163 of 2017 on the file of the learned XVII Additional District
Sessions Judge, Chennai by a Judgment dated 15.09.2022 and enlarge the
petitioners on bail, pending disposal of the Criminal Appeal No.1111 of
2022.
For Petitioners : Mr.A.S.Aswin Prasanna
For Respondent : Mr.R.Murthi,
Government Advocate (Crl. side)
1/4
https://www.mhc.tn.gov.in/judis
Crl.M.P.No.15404 of 2022
ORDER
This Criminal Miscellaneous Petition has been filed seeking
suspension of sentence of imprisonment imposed on the Petitioners in S.C.
No.163 of 2017 on the file of the learned XVII Additional District Sessions
Judge, Chennai by judgment dated 15.09.2022 and enlarge the petitioners
on bail, pending disposal of this Criminal Appeal. The
Petitioners/appellants have been convicted and sentenced by the trial Court
as follows:
Appellant Provision Sentence
under
which
convicted
1st Sections, Under Section 449 - Rigorous Imprisonment of 10
Appellant 449, 341, years & fine of Rs.5,000/- i/d 1 year simple
324, 307 imprisonment.
(2 Under Section 341-Simple Imprisonment of 1 month.
Counts) Under Section 324-Simple imprisonment for 6
months.
Under Section 307(2 counts) - Rigorous
imprisonment of 10 years for each count and a total
fine of Rs.15,000/- i/d a simple imprisonment of 1
year for each count.
2nd Sections Under Section 449-Rigorous imprisonment of 5 years
Appellant 449, 341, & fine of Rs.1,000/- i/d 6 months simple
and 3rd 307 r/w imprisonment.
Appellant 34 IPC. Under Section 341-Simple Imprisonment of 1 month.
Under Section 307 r/w Section 34 - Rigorous
imprisonment of 10 years and a fine of Rs.5,000/- i/d
a simple imprisonment of 1 year for each count.
https://www.mhc.tn.gov.in/judis
Crl.M.P.No.15404 of 2022
2.Heard the learned Counsel for the Petitioners and the learned
Government Advocate (Crl.Side) appearing on behalf of the respondent.
3.Now, since this appeal has been filed, the substantive sentence of
imprisonment imposed by the learned trial Judge is suspended with the
following conditions:
(a) the Petitioners shall execute a bond for Rs.10,000/- (Rupees
Ten Thousand only) with two sureties, each for a like sum to the
satisfaction of the learned XVII Additional District and
Sessions Judge, Chennai, within fifteen days from the date of
receipt of a copy of this order. Further, one of the sureties shall
be a blood relative;
(b) the sureties shall affix their photographs and left thumb
impression in the surety bond. The learned XVII Additional
District and Sessions Judge, Chennai, shall obtain a copy of
their Identity Card, Aadhar Card or Voter Identity Card or
Driving Licence or PAN Card or Bank Passbook with Photo
affixed and attested by the Bank Manager as proof of Identity;
https://www.mhc.tn.gov.in/judis
Crl.M.P.No.15404 of 2022
SATHI KUMAR SUKUMARA KURUP,J.
nr/jai
(c) the Petitioners shall not abscond during pendency of Appeal;
(d) the Petitioners shall appear on the first working day of every
month before the learned XVII Additional District and
Sessions Judge, Chennai till the disposal of this Criminal
Appeal by this Court; and
(e) the learned XVII Additional District and Sessions
Judge, Chennai, shall report the presence of the
Appellant/Accused to the High Court.
06.10.2022
nr/jai (2/2)
To
1.The XVII Additional District Sessions Judge, Chennai,
2.The Inspector of Police,
N-3, Muthialpet Police Station,
Chennai.
3.The Government Advocate,
High Court, Madras.
Crl.M.P.No.15404 of 2022
in Crl.A.No.1111 of 2022
https://www.mhc.tn.gov.in/judis
