Karthick @ Karthikeyan v. State Rep. By
Crl.M.P.No.10882 of 2016 in Crl.R.C.No.1209 of 2016 C.T.SELVAM, J.
Petitioners faced trial in S.C.No.214 of 2010 on the file of learned II Additional Assistant Sessions Judge, Coimbatore. The trial Court, under judgment dated 05.03.2014, convicted the petitioners. First petitioner/A1 was convicted for offences under Sections 451 and 392 IPC and sentenced to 3 months S.I. and fine of Rs.500/- i/d 1 week S.I. for offence u/s.451 IPC and 3 years R.I. and fine of Rs.500/- i/d 1 week S.I. for offence u/s.392 IPC. Second petitioner/A2 was convicted for offence u/s.392 r/w 34 IPC and sentenced to 3 years R.I. and fine of Rs.500/- i/d 1 week S.I. The appeal preferred by petitioners in C.A.No.45 of 2014 on the file of learned I Additional District and Sessions Judge, Coimbatore, came to be dismissed under judgment dated 26.07.2016. Hence, petitioners seek suspension of sentence.
2. Learned counsel for petitioners would submit that there are several infirmities and inconsistencies in the prosecution case. Learned counsel further informs that petitioners are now confined at Prison.
3. Heard learned Government Advocate [Crl.side] on the submissions made by learned counsel for petitioners.
C.T.SELVAM, J
gm
4. Taking into consideration the submissions of learned counsel for petitioners and that the revision is not likely to be taken up for final hearing in the near future, this Court is of the view that the petitioners herein may be granted the relief of suspension of sentence. Accordingly, the substantive sentence of imprisonment alone is suspended and petitioners are directed to be enlarged on bail on condition that each of the petitioners shall execute a bond in a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like sum to the satisfaction of learned II Additional Sessions Judge, Coimbatore and on further condition that petitioners shall appear before the respondent once in a week i.e, on every Friday at 10.30 a.m. pending revision. 04.11.2016 (2/3) Note to office: Issue order copy by 07.11.2016 gm Crl.M.P.No.10882 of 2016 in Crl.R.C.No.1209 of 2016 http://www.judis.nic.in