Madras High CourtCRL MP/11711/2021sentence suspended

Sathish @ Aruppu Sathish v. Executive Magistrate

2021-11-22Honourable Mr Justice A.D.Jagadish Chandira3 pages

and Crl.M.P.No.11711 of 2021 A.D.JAGADISH CHANDIRA, J., The Criminal Miscellaneous Petition has been filed by the petitioner, seeking to suspend the sentence imposed against the petitioner in M.P.No.03 of 2021 in R.C No.07/Sec. Pro/DCP MVM /2021 by the Executive Magistrate and the Deputy Commissioner of Police, Madavaram district in M5, Ennore P.S.Sl.No. 08/2021 U/s 107 of Cr.P.C and to release the petitioner on bail, pending disposal of the Criminal Revision Petition.

2. Learned Counsel for the petitioner submits that without affording appropriate opportunity as contemplated in law, the first respondent has passed the impugned order. He further submits that the petitioner was directed to suffer imprisonment for 325 days, by an order dated 19.02.2021 and the petitioner has almost completed 3/4th of the sentence and thereby, he seeks for suspension of sentence.

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3. Considering the facts and circumstances of the case and also considering the submissions of the learned counsel for the petitioner that the petitioner has almost completed 3/4th of the sentence, this Court is of the view that the substantive sentence of imprisonment alone can be suspended on certain conditions. Accordingly, till the disposal of the Criminal Revision, the substantive sentence of imprisonment alone is suspended and the petitioner is ordered to be enlarged on bail, on the following conditions:- i. The petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties, each for a like sum to the satisfaction of the Judicial Magistrate, Thiruvotriur.

ii. The petitioner shall appear before the second respondent everyday at 5.30 p.m., until further orders.

4. This Criminal Miscellaneous Petition stands ordered accordingly.

5. Notice to the respondents returnable in four weeks. 22.11.2021 mfa/rgi 2/3

A.D.JAGADISH CHANDIRA,J.

mfa/rgi To The Judicial Magistrate, Thiruvotriur Copy To The Superintendent, Central Jail, Puzhal, Chennai.

and Crl.M.P.No.11711 of 2021 22.11.2021 3/3