Muthupandi v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.08.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Muthupandi ... Petitioner Vs.

State Rep By The Inspector of Police, B-1 Bazar Police Station, Coimbatore.

Crime No.1298 Of 2017 ... Respondent Prayer: Criminal Original Petition is filed under Section 528 of BNSS Act, pleased to set aside the order passed against the petitioner on 19.06.2024 made in Crl.M.P.No.2 of 2024 in Crl.A.No.197 of 2024 on the file of the Principal District and Sessions Judge, Coimbatore For Petitioner : Mr.S.Senthilvel For Respondent : Mr.S.Udayakumar Government Advocate (Crl.Side)

O R D E R

The petitioner who is the habitual offender been convicted for offence under Section 392 IPC by the trial Court. He was sentenced to undergo 7 years Rigorous Imprisonment and to pay a fine of Rs.2,000/-, in default 2 years S.I.

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2.

The petitioner has preferred appeal before the Sessions Court and also sought for suspension of sentence. The lower appellate Court taking note of the fact that 18 previous cases pending against this petitioner which are similar in nature and if the sentence is suspended, there is every possibility of indulgingin the same offence and hence dismissed the suspension of sentence. The above dismissal order is under challenge before this Court.

3.

The learned counsel appearing for the petitioner submits that the petitioner is in prison for nearly one year and the petitioner will given an undertaking that he will not indulge in any offence during the period of suspension of sentence.

4.

The learned Government Advocate (Crl.Side) appearing for the respondent police per contra states that the petitioner is the habitual robber pending trial of this case in S.C.No.91 of 2019, the petitioner indulged in similar offence. Therefore, suspension of sentence should not be granted.

5.

This Court on perusing the record and past conduct of the 2/4

petitioner herein is of the opinion that the suspension of sentence pending appeal will not be appropriate at this stage. Hence, this Criminal Original Petition is dismissed. The lower appellate Court is directed to take up the appeal and dispose it of as expeditiously as possible. 21.08.2024 rpl To 1.The Principal District and Sessions Judge, Coimbatore 2.The Inspector of Police, B-1 Bazar Police Station, Coimbatore.

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

Dr.G.JAYACHANDRAN,J.

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