Sudhakar v. State Rep By

K.KUMARESH BABU, J.

This Criminal Miscellaneous Petition has been filed by the petitioner seeking suspension of sentence of imprisonment imposed by the learned I Additional District Judge, Tiruvallur, vide judgment dated 29.04.2024 made in Crl.Appeal No.171 of 2023, confirming the judgment dated 30.06.2023 made in C.C.No.614 of 2022, on the file of learned Judicial Magistrate No.1, Tiruvallur and enlarge the petitioner on bail pending disposal of the above Revision.

2. By the said judgment, the petitioner was convicted for the offences under Section 379 IPC, and was convicted and sentenced to undergo three months of rigorous imprisonment and imposed a fine of Rs.500/- in default to undergo one month rigorous imprisonment. The petitioner filed an appeal in C.A.No.171 of 2023, challenging the conviction and sentence which was also confirmed. Against which, the present Revision is filed along with suspension of sentence petition.

3. The learned counsel for the petitioner submitted that all the fine amounts imposed by the trial Court have been paid by the petitioner. The

petitioner is now confined in Central Prison, Puzhal, Chennai. He further submitted that the petitioner has relied upon certain documents before this Court. Therefore, he prays for grant of suspension of sentence to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent has opposed for grant of suspension of sentence to the petitioner.

5. Heard both sides.

6. The petitioner has raised substantial grounds in the Revision, which require detailed appraisal. Further, the Revision is not likely to be taken up in the near future. In such view of the matter, this Court is of the view that the petitioner is entitled to the relief of suspension of sentence and grant of bail. 7.Considering the facts and circumstances of the case and the submissions made by the learned counsel appearing for the parties, this Court is of the view that the sentences of imprisonment imposed on the petitioner, shall be suspended and bail is granted to the petitioner. Accordingly, pending disposal of the Criminal Revision, the substantive sentences of imprisonment alone are suspended and the petitioner shall be enlarged on bail on executing a

bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties each for a like-sum to the satisfaction of the learned Judicial Magistrate No.1, Tiruvallur. The petitioner is further directed to appear before the said learned Judicial Magistrate No.1, Tiruvallur, on the first working day of every month at 10.30 a.m. until further orders.

8. This petition is ordered accordingly.

09.05.2024 (2/2) kas Copy to :

The Judicial Magistrate Tiruvallur

K.KUMARESH BABU, J.

kas 09.05.2024 (2/2)