Zakir Hussain v. The State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.06.2025

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.M.P.No.10411 of 2025 in Crl.A.No.564 of 2025 Zakir Hussain

...Petitioner

Vs.

The State Rep by The Inspector of Police, D3, Ice House Police Station, Chennai 600 005 (Crime No.397 of 2021) ... Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 430(1) of BNSS, to suspend the sentence imposed on the petitioner by a judgment dated 17.03.2025 made in SC.No.235 of 2023 on the file of the Sessions Judge, Mahalir Neethimandram, Allikulam, Chennai pending disposal of the criminal appeal by this Court.

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For Petitioner : M/s.R.Revathy For Respondent : Mr.S.Raja Kumar, Additional Public Prosecutor

ORDER

This Criminal Miscellaneous Petition has been filed by the petitioner, seeking to suspend the sentence imposed on the petitioner by a judgment dated 17.03.2025 made in SC.No.235 of 2023 on the file of the Sessions Judge, Mahalir Neethimandram, Allikulam, Chennai pending disposal of the criminal appeal by this Court. 2.

The petitioner herein is an accused in SC.No.235 of 2023 on the file of the Sessions Judge, Mahalir Neethimandram, Allikulam, Chennai. He was found guilty of the offences under Section 307 r/w 109 of IPC and he has been convicted and sentenced as under:

S.No.

Conviction Sentence Section 307 r/w 109 of IPC to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.5,000/-, in default to undergo rigorous imprisonment for three months.

Aggrieved by the same, the petitioner has filed the appeal along with the present miscellaneous petition.

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3.

The learned counsel for the petitioner/accused would submit that there are arguable points available in the Criminal Appeal and the petitioner/accused has got a fair chance of succeeding in the Criminal Appeal and hence, the substantive sentence imposed against the petitioner/accused may be suspended. Further it is his specific submission that while at the time of pronouncing judgment, the tiral Court has suspended the sentence till 16.04.2025. He would submit that the petitioner is ready to abide the condition imposed by this Court. 4.

Per contra, the learned Additional Public Prosecutor appearing for the respondent/State raised serious objection for allowing this petition. Further, he would contend that the evidences recorded from the prosecution witnesses would prove the case of the prosecution beyond reasonable doubt. According to him, interference of this Court is not necessary in the findings arrived at by the trial Court.

5.

Heard the learned counsel appearing on either side and also 3/6

perused the materials placed on record.

6.

Considering the facts and circumstances of the case coupled with the quantum of punishment imposed upon the petitioner, also by considering the submissions of the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent police, further this criminal appeal is not likely to be taken for final hearing in the near future, this Court is of the view that the substantive sentence of imprisonment alone can be suspended on certain conditions. 7.

Accordingly, till the disposal of the Criminal Appeal, the substantive sentence of imprisonment imposed by the learned trial Judge is alone suspended and bail are granted on the following conditions: (a) The petitioner/accused is ordered to be released on bail, on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Sessions Judge, Mahalir Neethimandram, Allikulam, Chennai.

(b) The petitioner/accused and the sureties shall affix their photographs and Left Thumb Impressions in the surety 4/6

bonds and the Magistrate may obtain a copy of their Aadhaar Cards or Bank Pass Books to ensure their identities. (c) The petitioner shall appear before the Trial Court on the first working day of every English Calendar month at 10.30 a.m., until the disposal of the Criminal Appeal and if he is not able to appear before the trial Court on any day, he shall make arrangements to file an application under Section 317 Cr.P.C. and shall appear before the trial Court on any other day in lieu of the date of his absence, as directed by the trial Court. 8.

With the above directions, this Criminal Miscellaneous Petition is ordered.

06.06.2025 (2/2) Index : Yes/No : Yes/No Speaking/non-speaking order lok 5/6

G.K.ILANTHIRAIYAN, J.

lok To 1.Sessions Judge, Mahalir Neethimandram, Allikulam, Chennai 2.The Inspector of Police, D3, Ice House Police Station, Chennai 600 005

3. The Public Prosecutor, Madras High Court, Chennai.

Crl.M.P.No.10411 of 2025 in Crl.A.No.564 of 2025 06.06.2025 (2/2) 6/6