K.Vijayan v. State Rep By

Crl.M.P.No.765 of 2016 in Crl.R.C.No.106 of 2016 C.S.KARNAN.J.

The petitioner was convicted and sentenced to undergo Simple Imprisonment for two years and imposed a fine of Rs.5,000/- in default to undergo three months Simple Imprisonment for the alleged offence under Section 354 of IPC by the learned XVI Metropolitan Magistrate, George Town, Chennai-1 made in C.C.No.2242 of 2014, dated 24.02.2015 The conviction and sentence imposed by the trial Court was confirmed by the learned XVI Additional Sessions Judge, City Civil Court, Chennai. Hence, the petitioner seeks suspension of sentence.

2. Learned counsel submits that there are several infirmities and inconsistencies found in the prosecution case. It is contended that there are contradictions in material particulars between the evidence of the prosecution witnesses. It is further represented that there is no precondition requiring the petitioner's surrender or being in confinement in availing the relief of suspension of sentence under Section 397 Cr.P.C.in exercise of revisional powers by this Court.

The decisions of the Honourable Apex Court in BIHARI PRASAD SINGH VS STATE OF BIHAR AND ANOTHER (2000 SCC (Cri) 1380) and that of the IBRAHIM VS STATE OF KERALA (1979 KLT

857) are relied upon in this regard.

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

4. The above decisions have been relied upon time and again by this Court towards holding that in moving a revision against conviction, the accused need not surrender and undergo confinement before seeking the relief of suspension of sentence pending disposal of the Criminal Revision.

5. 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 the near future, this Court is of the view that the petitioner herein may be granted the relief of suspension of sentence.

6. 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/- each (Rupees ten thousand only) with two sureties each for a like sum to the satisfaction of learned XVI Metropolitan Magistrate, George Town, Chennai-1, within a period of two weeks from the date of receipt of a copy of this order 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. 01.02.2016 (2/3) kkd

C.S.KARNAN,J., kkd Crl.M.P.No.765 of 2016 in Crl.R.C.No.106 of 2016 01.02.2016 (3/4)