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Madras High CourtCRL MP/12603/2016allowed

Sathish, Aged 30 Years v. State Rep. By

2016-11-28Honourable Mr Justice C. T. Selvam2 pages

Crl.M.P.No.12603 of 2016 in Crl.R.C.No.1449 of 2016 C.T.SELVAM, J Petitioner faced trial in S.C.No.137 of 2012 on the file of learned Chief Judicial Magistrate, Thiruvarur. Trial Court, under judgment dated 12.08.2013, convicted the petitioner for offence u/s.307 IPC and sentenced him to 5 years R.I. and fine of Rs.1,000/- i/d 3 months S.I. There against, petitioner preferred an appeal in C.A.No.24 of 2013 on the file of learned District and Sessions Judge, Thiruvarur. Appellate Court, under judgment dated 04.11.2016, dismissed the appeal. This miscellaneous petition has been filed seeking suspension of sentence.

2. Learned counsel for petitioner would submit that there are several infirmities and inconsistencies in the prosecution case. Learned counsel further informs that petitioner is now confined at Central Prison, Trichy.

3. Heard learned Government Advocate [Crl.side] on the submissions made by learned counsel for petitioner.

4. Taking into consideration the submissions of learned counsel for petitioner and that the revision is not likely to be taken up for final hearing in

C.T.SELVAM, J gm the near future, this Court is of the view that the petitioner herein may be granted the relief of suspension of sentence. Accordingly, the substantive sentence of imprisonment alone is suspended and petitioner is directed to be enlarged on bail on condition that the petitioner 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 Judicial Magistrate, Thiruvarur and on further condition that petitioner shall appear before the said Court on the first working day of every month at 10.30 a.m. pending revision.

28.11.2016 (2/2) Note to office: Issue today gm Crl.M.P.No.12603 of 2016 in Crl.R.C.No.1449 of 2016 http://www.judis.nic.in