Madras High Court
Abdul Sageer @ Ponselvam vs The State Rep By on 5 January, 2024
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :05.01.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Crl.O.P.No.210 of 2024
Abdul Sageer @ Ponselvam ...Petitioner/Accused
Vs.
The State rep by
The Inspector of Police,
Chengalpattu All Women Police Station,
Chengalpattu District. ...Respondent/Complainant
Prayer : Criminal Original Petition filed under Section 482 of Criminal
Procedure Code, praying to set aside the order dated 28.11.2022 passed
by the learned Additional District Sessions Judge, Chengalpattu, in
Crl.M.P.No.3345 of 2023.
For Petitioner : Mr.R.Muthukumar
For Respondent : Mr.A.Damodaran
Additional Public Prosecutor
https://www.mhc.tn.gov.in/judis
https://www.mhc.tn.gov.in/judis
2
ORDER
This petition has been filed challenging the order passed by the
Court below dismissing the application filed for suspension of sentence in
Crl.M.P.No.3345 of 2023 dated 28.11.2022.
2.Heard the learned counsel for the petitioner and the learned
Additional Public Prosecutor for the respondent.
3.The petitioner faced trial before the learned Judicial Magistrate,
Additional Mahila Court, Chengalpet, in C.C.No.30 of 2018 for the
offence under Sections 417, 493, 294(b), 420 and 506(i) of IPC. The
petitioner was convicted for the offence under Section 417 of IPC and
acquitted on other charges by judgment dated 18.08.2022 in C.C.No.30
of 2018.
4.The petitioner filed an appeal against this judgment in
Crl.A.No.54 of 2022. The petitioner also filed an application in
https://www.mhc.tn.gov.in/judis
https://www.mhc.tn.gov.in/judis
Crl.M.P.No.4233 of 2022 seeking for suspension of sentence pending the
criminal appeal. This petition was allowed by an order dated 28.11.2022
and the sentence was suspended with a condition that the petitioner must
execute a bond for a sum of Rs.10,000/- with two sureties for a like sum
to the satisfaction of the Trial Court.
4.The petitioner failed to comply with the above condition and as a
result, the earlier application came to be automatically dismissed on
06.04.2023.
5.The petitioner filed yet another application for suspension of
sentence in Crl.M.P.No.3345 of 2023. This application was dismissed on
the ground that the application is not maintainable and that the earlier
application filed for suspension of sentence was allowed with a condition
and this condition was not satisfied by the petitioner and hence the earlier
application stood dismissed on 06.04.2023.
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6.This Court does not find any illegality or infirmity in the order
passed by the Court below. When the sentence was suspended pending
the appeal and a condition was imposed, the petitioner was duty bound to
comply with this condition. If the petitioner failed to comply with the
condition and the suspension of sentence automatically gets revoked, the
petitioner has to surrender before the Court and seek for bail or else he
has to be arrested for undergoing sentence. There is no question of filing
another application for suspension of sentence. The Court below has
rightly dismissed the application and this Court does not find any ground
to interfere with the same.
7.This Criminal Original Petition is dismissed accordingly.
05.01.2024
Index: Yes/No
Internet: Yes/No
ata
https://www.mhc.tn.gov.in/judis
https://www.mhc.tn.gov.in/judis
To
1.The Additional District Sessions Judge, Chengalpattu.
2.The Inspector of Police,
Chengalpattu All Women Police Station,
Chengalpattu District.
3.The Public Prosecutor,
High Court, Madras.
https://www.mhc.tn.gov.in/judis
https://www.mhc.tn.gov.in/judis
N.ANAND VENKATESH.J.,
ata
05.01.2024
https://www.mhc.tn.gov.in/judis
https://www.mhc.tn.gov.in/judis
