Madras High Court
Sekar vs Arun on 8 December, 2023
Author: Sathi Kumar Sukumara Kurup
Bench: Sathi Kumar Sukumara Kurup
Crl.M.P.No.19232 of 2023
in
Crl.R.C.No.2104 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.12.2023
CORAM:
THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
Crl.M.P.No.19232 of 2023
in
Crl.R.C.No.2104 of 2023
Sekar ... Petitioner/Revision Petitioner
Vs.
Arun ... Respondent/Respondent
PRAYER: The Criminal Miscellaneous Petition has been filed under
Section 397(1) of Cr.P.C, praying to suspend the sentence passed by the
learned Principal District & Sessions Judge, Cuddalore, in judgment dated
31.10.2023 passed in C.A.No.02 of 2023 confirming the judgment dated
12.12.2022 passed in S.T.C.No.748 of 2019 on the file of the learned
Judicial Magistrate No.I, Cuddalore, enlarge the Petitioner on bail, pending
disposal of the above Criminal Revision.
For Petitioner : Mr.S.T.Raja
1/5
https://www.mhc.tn.gov.in/judis
Crl.M.P.No.19232 of 2023
in
Crl.R.C.No.2104 of 2023
ORDER
This Criminal Miscellaneous Petition has been filed to suspend the
sentence passed by the learned Principal District & Sessions Judge,
Cuddalore, in C.A.No.02 of 2023 by judgment dated 31.10.2023, thereby
confirming the judgment in S.T.C.No.748 of 2019 dated 12.12.2022 on the
file of the learned Judicial Magistrate No.I, Cuddalore, and enlarge the
petitioner on bail pending disposal of the above Criminal Revision Case.
The Petitioner/Accused has been convicted and sentenced by the trial Court
as follows:
Provision under which Sentence
convicted
To undergo six months of simple
Section 138 of the Negotiable imprisonment and in default, to
Instruments Act undergo three months simple
imprisonment.
2. Heard the learned Counsel for the Petitioner and the learned
Counsel for the Respondent.
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3. Now, since this Revision has been filed, the substantive sentence of
imprisonment imposed by the learned Trial Judge is suspended and the
Petitioner is ordered to be released on bail with the following conditions:
(a) the Petitioner is released on bail on his executing a bond for
Rs.10,000 (Rupees Ten Thousand Only) with two sureties, each
for a like sum to the satisfaction of the learned Judicial
Magistrate No.I, Cuddalore, 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 Petitioner shall deposit 1/3rd of the amount of
compensation of Rs.7,00,000/- (Rupees Seven Lakhs Only) to
the credit of S.T.C.No.748 of 2019 on the file of the learned
Judicial Magistrate No.I, Cuddalore, within two months
from the date of receipt of the copy of this order or
uploading this order on the website of the High Court;
(c) the sureties shall affix their photographs and left thumb
impression in the surety bond. The learned Judicial
Magistrate No.I, Cuddalore, 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
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attested by the Bank Manager as proof of Identity;
(d) the Petitioner shall not abscond during pendency of Revision;
(e) the Petitioner shall appear before the learned Judicial
Magistrate No.I, Cuddalore, on the first working day of every
English calender month till the disposal of this Criminal
Revision by this Court; and
(f) the learned Judicial Magistrate No.I, Cuddalore, shall report
the presence of the Appellant/Accused to the High Court.
08.12.2023
(2/2)
cda
Note: Issue order copy on 08.12.2023
To
1.The Judicial Magistrate No.I, Cuddalore.
2.The Principal District & Sessions Judge, Cuddalore.
3.The Central Prison, Cuddalore.
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SATHI KUMAR SUKUMARA KURUP.,J.
cda
in
08.12.2023
https://www.mhc.tn.gov.in/judis
