Mohammed Osman v. The State Of Telangana

THE HON'BLE DR. JUSTICE B.SIVA SANKARA RAO CRIMINAL REVISION CASE No.1077 OF 2018 ORDER:

Heard learned counsel for the petitioner/accused/appellant in Crl.A.No.255 of 2018, on the file of the learned Metropolitan Sessions Judge, Hyderabad, which is outcome of the conviction judgment of the trial Court in C.C.No.251 of 2016, dated 23.03.2018, in finding the accused guilty by sentencing him to undergo five years rigorous imprisonment with fine of Rs.5,000/- for the offence punishable under Section 354 of Indian Penal Code (for short, 'IPC'), one year imprisonment with fine of Rs.3,000/- for the offence punishable under Section 354-D IPC, one year imprisonment with fine of Rs.1,000/- for the offence punishable under Section 506 IPC and one year imprisonment with fine of Rs.1,000/- for the offence punishable under Section 509 IPC, of which he paid the total fine amount of Rs.

10,000/- supra, when sought for suspension of the sentence of imprisonment in Crl.M.P.No.1115 of 2018, dismissed by the learned Metropolitan Sessions Judge, Hyderabad, on 06.04.2018, which is the impugnment, and also heard the learned Public Prosecutor representing the respondent State and perused the material on record. 2.

None of the offences are punishable above five years and it is the trial Court's judgment finding guilty in sentencing him that is the impugnment in the appeal, thereby it is not a bail under Sections 436 to 439 of Code of Criminal Procedure, 1973, pending crime investigation to go into the seriousness of the allegations, that too when none of the offences are punishable above five years as referred supra and thereby sentence of imprisonment referred supra is suspended, pending the appeal, subject to self-bond for Rs.50,000/- together with two sureties for the likesum each to the satisfaction of the learned trial Magistrate.

Dr. SSRB,J Crl.R.C.No.1077 of 2018 3.

With the above direction, the Criminal Revision Case is allowed. Miscellaneous petitions pending consideration, if any, in this case shall stand closed in consequence.

_______________________________ DR.B.SIVA SANKARA RAO, J Date: 19th February, 2019 KL

Dr. SSRB,J Crl.R.C.No.1077 of 2018 THE HON'BLE DR. JUSTICE B.SIVA SANKARA RAO CRIMINAL REVISION CASE No.1077 OF 2018 Date: 19th February, 2019 KL