Biljulal v. State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.04.2026

CORAM:

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA in Crl.A.No.560 of 2026 1.

Biljulal 2.

Arjun Prasath 3.

Sharang

...Petitioners

Vs.

State rep. by, The Inspector of Police, NIB CID, Coimbatore.

(Crime No.20 of 2020)

...Respondent

Criminal miscellaneous petition filed under Section 389(2) of Cr.P.C., seeking to suspend the sentence imposed by order dated 20.04.2026 in C.C.No.91 of 2020 by the learned Additional District Judge / Presiding Officer, Special Court under EC Act/NDPS Act Cases, Coimbatore and enlarge the appellants on bail, pending disposal of the criminal appeal.

For Petitioners : Mr.R.Vivekananthan For Respondent : Ms.J.R.Archana, GA(Crl. Side) 1/6

ORDER

This criminal miscellaneous petition has been filed seeking suspension of sentence of imprisonment imposed on the petitioners, vide judgment dated 20.04.2026 passed in C.C.No.91 of 2020 by the learned Additional District Judge / Presiding Officer, Special Court under EC Act/NDPS Act Cases, Coimbatore.

2. The conviction and sentence imposed on the petitioners, vide impugned judgment are as follows:- Petitioner/ Under Section Sentence Accused 1st petitioner/A1 8(c) r/w. 22(b) of NDPS Act, 1985 two years rigorous imprisonment and fine of Rs.30,000/-, in default, to undergo six months rigorous imprisonment.

2nd petitioner/A2 8(c) r/w. 22(a) of NDPS Act, 1985 one year rigorous imprisonment and fine of Rs.10,000/-, in default, to undergo three months rigorous imprisonment.

3rd petitioner/A3 8(c) r/w. 20(b)(ii) (B) of NDPS Act, two years rigorous imprisonment and fine of Rs.30,000/-, in default, to undergo six months rigorous imprisonment for each of the offfence.

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3. Learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case. He further submitted that there are arguable points available in the criminal appeal, which is unlikely to be taken up for final hearing in the near future and the petitioners have a fair chance of succeeding in the appeal and that the petitioners are ready to abide by any condition imposed by this Court. Hence, the sentence imposed on the petitioners may be suspended and the petitioners may be enlarged on bail.

4. Learned Government Advocate (Crl. Side) appearing for the respondent opposed for suspension of sentence imposed on the petitioners stating that the trial Court, after taking into consideration the oral and documentary evidence adduced by the prosecution, rightly found the petitioners guilty and convicted and sentenced them, as stated above, which cannot be said to be erroneous.

5. Heard both sides and perused the materials on record.

6. Considering the facts and circumstances of the case and also the submissions made by the learned counsel on either side, this Court is inclined to suspend the substantive sentence of imprisonment imposed on 3/6

the petitioners and also grant bail to them. Accordingly, till the disposal of the appeal, the reliefs of suspension of sentence and bail are granted to the petitioners, subject to the following conditions:- "(i) The petitioners shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) each, with two sureties (of whom one surety must be a blood surety), each for a like sum to the satisfaction of the learned Additional District Judge / Presiding Officer, Special Court under EC Act/NDPS Act Cases, Coimbatore;

(ii) The sureties shall affix their photographs and left thumb impressions in the surety bonds and the Magistrate may obtain a copy of their Aadhaar Cards or Bank Passbooks to ensure their identities.

(iii) The petitioners shall appear before the trial Court on the first working day of every English calendar month at 10.30 a.m., until further orders.

7. Accordingly, this criminal miscellaneous petition stands ordered. 29.04.2026 (2/2) skt 4/6

To:

1. The Additional District Judge / Presiding Officer, Special Court under EC Act/NDPS Act Cases, Coimbatore.

2. The Superintendent, Central Prison, Coimbatore.

3. The Inspector of Police, NIB CID, Coimbatore.

4. The Public Prosecutor, Madras High Court.

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A.D.JAGADISH CHANDIRA, J.

skt in Crl.A.No.560 of 2026 (2/2) 29.04.2026 6/6