Robert Anthony Raj, v. State Rep. By

Crl.M.P.No.14053 of 2016 in Crl.R.C.No.1690 of 2016 C.T.SELVAM, J Petitioner/A1 and two others faced trial in C.C.No.117 of 2009 on the file of learned Judicial Magistrate, Sirkazhi. Trial Court, under judgment dated 08.01.2014, convicted petitioner/A1 for offence u/s.417 IPC and sentenced him to 1 year S.I. and to pay a sum of Rs.50,000/- as compensation to PW-1. There against, petitioner preferred an appeal in C.A.No.3 of 2014 on the file of learned Sessions Judge, Fast Track Mahila Court, Nagapattinam, which came to be dismissed under judgment dated 21.04.2016. 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, Sirkazhi 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.

20.01.2017 (2/2) Note to office: Issue today gm Crl.M.P.No.14053 of 2016 in Crl.R.C.No.1690 of 2016 http://www.judis.nic.in