Sanjay v. State, Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.07.2024

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.M.P. No.10268 of 2024 in Crl.A.No.924 of 2024 Sanjay ... Petitioner -VsThe State Rep.by The Inspector of Police, P-2, Otteri Police Station, Chennai.

Crime No.111 of 2023 ... Respondent Prayer : Criminal Miscellaneous Petition is filed under Section 389(1) of Cr.P.C, to suspend the sentence of imprisonment imposed in the judgment dated 17.04.2024, passed in S.C.No.546 of 2023 on the file of the learned I Additional Sessions Judge, City Civil Court, Chennai. For petitioner : Mr.K.Yuvaraja For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor

O R D E R

The Criminal Appeal has been filed as against the Judgment and sentence passed by the learned I Additional Sessions Judge, City Civil Court, Chennai, in S.C.No.546 of 2023, dated 17.04.2024, in and by

which, the petitioner was convicted for the offence under Sections 148 and 341 r/w.149 and 307 r/w.149 IPC and was sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.1000/-, in default, to undergo further simple imprisonment for a period of three months under Section 148 IPC and was sentenced to undergo simple imprisonment for one month and to pay a fine of Rs.500/-, in default, to undergo further simple imprisonment for a period of one week under Section 341 r/w. 149 IPC and was sentenced to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs.20,000/-, in default, to undergo further simple imprisonment for a period of three months under Section 307 r/w. 149 IPC. Challenging the same, the appellant has filed the Criminal appeal and the present miscellaneous petition seeking suspension of sentence of imprisonment.

2. The learned counsel for the petitioner has raised several arguable grounds insofar the appeal is concerned and it will take some more time for this Court to take up the criminal appeal and to dispose of the same.

3. Considering the facts and circumstances of the case, the substantive sentence of imprisonment alone as against the petitioner is

hereby suspended and he is directed to be released on bail on the following conditions:

a) the petitioner shall execute a bond for a sum of Rs.10,000/- to the satisfaction of the learned I Additional Sessions Judge, City Civil Court, Chennai, along with two sureties for a like sum;

b) the petitioner shall report before the Court below on the first working day of every month, pending disposal of the appeal.

4. Accordingly, the Criminal Miscellaneous Petition is ordered. 23.07.2024 (2/2) ssb Note: Issue order copy on 23.07.2024

To

1. The Inspector of Police, P-2, Otteri Police Station, Chennai.

2. The learned I Additional Sessions Judge, City Civil Court, Chennai.

3. The Superintendent, Central Prison, Puzhal-I.

4. The Public Prosecutor, High Court of Madras.

M.DHANDAPANI, J.

ssb Crl.M.P. No.10268 of 2024 in Crl.A. No.924 of 2024 23.07.2024 (2/2)