Madras High Court
Mohamed Beer Basha vs The Inspector Of Police on 26 April, 2023
Crl.M.P.No.5810 of 2023 in Crl.A.No.466 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.04.2023
CORAM
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
Crl.M.P.No.5810 of 2023
in
Crl.A.No.466 of 2023
Mohamed Beer Basha ... Appellant
/vs/
The Inspector of Police,
Podhanur Police Station,
Coimbatore. ... Respondent
Prayer : Criminal Miscellaneous Petition filed under section 389(i) of
Cr.P.C., to suspend the sentence, dated 21.03.2023 awarded against the
appellant in Special Sessions Case No.93 of 2020 on the file of the Principal
Special Court for Exclusive Trial of Cases under POCSO Act at Coimbatore
and enlarge the appellant/Appellant on bail, pending disposal of the above
appeal.
For Appellant ... Mr. C.D.Sukumar
For Respondent ... Mr.A.Gokulakrishnan,
Additional Public Prosecutor
1/6
https://www.mhc.tn.gov.in/judis
Crl.M.P.No.5810 of 2023 in Crl.A.No.466 of 2023
ORDER
This Criminal Miscellaneous Petition has been preferred seeking to
suspend the sentence, dated 21.03.2023 awarded against the appellant in
Special Sessions Case No.93 of 2020 on the file of the Principal Special
Court for Exclusive Trial of Cases under POCSO Act at Coimbatore and
enlarge the appellant on bail, pending disposal of the above appeal.
2. The appellant, who is the sole accused in Special Sessions Case
No.93 of 2020 is convicted and sentenced by the trial court, by its judgment
dated 21.03.2023 as follows;
appellant's Provision under Sentence
Rank which convicted
Sole Section 11[iv] To undergo two years SI and a fine of
accused punishable under Rs.5,000/-, in default in payment of fine, to
section 12 of undergo 3 months SI
POCSO Act
U/s.506[i] of IPC To undergo 1 year SI and a fine of
Rs.1,000/-, in default in payment of fine, to
undergo 1 month SI
3. Aggrieved over the judgment of conviction and sentence imposed on
the appellant in Special Sessions Case No.93 of 2020, the appellant has
filed the present criminal appeal, along with the instant miscellaneous
https://www.mhc.tn.gov.in/judis
Crl.M.P.No.5810 of 2023 in Crl.A.No.466 of 2023
petition, seeking suspension of sentence and bail.
4. The learned counsel for the appellant would submit that the trial
Court failed to consider the delay in filing the First Information report and
the fact that the alleged love letter issued by the accused to the victim does
not contain the signature of the accused and the hand writing expert has not
been examined as a prosecution witness. He would further submit that there
are arguable points in this appeal and the appellant has every chance to
succeed in this Criminal appeal and thus, he prayed for suspension of
sentence till the disposal of this Criminal appeal.
5. Heard the learned counsel for the appellant and learned Additional
Public Prosecutor and perused the complaint, FIR and evidence of victim
girl and other material evidence available on record.
6. On a perusal of the prosecution evidence, it is noticed that the
alleged love letter issued by the accused to the victim does not contain the
signature of the accused and the hand writting expert has not been examined
before the trial Court to establish the report issued by the hand writing
expert. Therefore, the appellant has raised substantial grounds in the appeal
https://www.mhc.tn.gov.in/judis
Crl.M.P.No.5810 of 2023 in Crl.A.No.466 of 2023
which require detailed appraisal. Further, the appeal is not likely to be taken
up in the near future. In such view of the matter, this Court is of the view
that the appellant is entitled to the relief of suspension of sentence imposed
on the appellant.
7. Accordingly, the relief of suspension of sentence and bail is granted
to the appellant on the following conditions:
(i)The substantive sentence of imprisonment alone
is suspended and the appellant shall surrender before the
concerned Court within two weeks from the date of receipt
of a copy of this order and on such surrender, the appellant
is ordered to be released on bail on his executing a bond for
a sum of Rs.10,000/- (Rupees ten thousand only) each,
with two sureties each for a like sum to the satisfaction of
the Trial Court;
(ii) The appellant and the sureties shall affix their
photographs and Left Thumb Impression in the surety
bonds and the trial Court may obtain a copy of their
Aadhaar card or Bank pass Book to ensure their identity;
and;
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Crl.M.P.No.5810 of 2023 in Crl.A.No.466 of 2023
(iii) The appellant shall appear before the trial Court as and
when required.
26.04.2023
vrc
To
1. The Principal Special Court for Exclusive Trial of Cases under POCSO
Act at Coimbatore.
2. The Inspector of Police,
Podhanur Police Station, Coimbatore.
3. The Public Prosecutor, High Court, Madras.
https://www.mhc.tn.gov.in/judis
Crl.M.P.No.5810 of 2023 in Crl.A.No.466 of 2023
V.SIVAGNANAM, J.
vrc
Crl.M.P.No.5810 of 2023
in
Crl.A.No.466 of 2023
26.04.2023
https://www.mhc.tn.gov.in/judis
