Shanmugam v. State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.06.2024 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI Crl.M.P.Nos.16421 & 16713 of 2023 in Crl.A.Nos.1113 & 1143 of 2023 Shanmugam ... Petitioner in Crl.M.P.No.16421 of 2023/A1 Saravanan ... Petitioner in Crl.M.P.No.16713 of 2023/A2 Vs.
State represented by The Inspector of Police, M-8 Sathangadu Police Station, Chennai - 600 068.
(Crime No.2369 of 2020) ... Respondent in both petitions Prayer in Crl.M.P.No.16421 of 2023 : Criminal Miscellaneous Petition filed u/s 389(1) of Cr.P.C. seeking to suspend the sentence of imprisonment imposed on the petitioner in C.C.No.21 of 2021 on the file of the learned Principal Special Court under EC & NDPS Act, Chennai dated 22.09.2023 and enlarge the petitioner on bail pending in C.A.No. of 2023 on the file of this Court.
Page No.1 of 6
Prayer in Crl.M.P.No.16713 of 2023 : Criminal Miscellaneous Petition filed u/s 389(1) of Cr.P.C. seeking to suspend the sentence of imprisonment imposed on the petitioner in C.C.No.21 of 2021 on the file of the learned Principal Special Court under EC & NDPS Act, Chennai dated 22.09.2023 and enlarge the petitioner on bail pending in C.A.No. of 2023 on the file of this Court.
For Petitioner (in Crl.M.P.No.16421 of 2023) : Mr.T.S.Srinivasan For Petitioner (in Crl.M.P.No.16713 of 2023) Mr.M.Illiyas For Respondent (in both petitions) : Mrs.G.V.Kasthuri Additional Public Prosecutor ***** COMMON ORDER These Criminal Miscellaneous Petition have been filed seeking to suspend the sentence of imprisonment imposed on the petitioners in C.C.No.21 of 2021 on the file of the learned Principal Special Court under EC & NDPS Act, Chennai dated 22.09.2023 and enlarge the petitioners on bail.
Page No.2 of 6
2. The petitioners were convicted for the offence under Sections 8(c) r/w 29(1), 20(b) (ii) (B) and 25 of the NDPS Act and were sentenced to undergo rigorous imprisonment for 5 years each and were ordered to pay a fine of Rs.50,000/- each and in default of payment of fine, to undergo rigorous imprisonment for another six months, vide order dated 22.09.2023 made in C.C.No.21 of 2021. Aggrieved by the same, the above appeals have been filed along with these petitions seeking suspension of sentence.
3. Learned counsel for the petitioners submitted that, the petitioners are not habitual offenders and there is no previous case against them. He further submitted that, there are lot of material contradictions in the evidence of the prosecution and the prosecution evidence is also highly unbelievable and petitioners are now confined in Central Prison, Puzhal, Chennai for more than 9 months. Accordingly, he prayed for appropriate orders.
Page No.3 of 6
4. Learned Additional Public Prosecutor appearing for the respondent submitted that, cases under IPC are pending against the petitioners. Hence, she vehemently opposed for suspension of sentence imposed on the petitioners.
5. Having regard to the fact that there are arguable points involved in the appeals and further, the appeals are not likely to be taken up for final hearing in the near future and also considering the period of incarceration, I am of the considered opinion that the petitioners are entitled for the relief of suspension of sentence.
6. Accordingly, the substantive sentence of imprisonment alone is suspended and the petitioners are directed to be enlarged on bail, on condition that the petitioners shall appear and execute a bond for a sum of Rs.10,000/- each (Rupees Ten Thousand only), with two sureties each for a like sum to the satisfaction of the Principal Special Court under EC & NDPS Act, Chennai and on further condition that the petitioners shall Page No.4 of 6
appear before the trial Court twice in a week i.e., on Monday and Friday of every week at 10.30 am, pending appeals.
7. Further, it is made clear that, if the petitioners indulge in similar offence in the future, the suspension of substantive sentence alone granted today will automatically stand dismissed without any further reference to this Court.
8. Accordingly, these criminal miscellaneous petitions are ordered. 19.06.2024 sp To 1.The Principal Special Court under EC & NDPS Act, Chennai.
2.The Central Prison, Puzhal, Chennai.
3.The Inspector of Police, M-8 Sathangadu Police Station, Chennai - 600 068.
4.The Public Prosecutor, High Court of Madras.
Page No.5 of 6
M.DHANDAPANI, J.
sp Crl.M.P.Nos.16421 & 16713 of 2023 in Crl.A.Nos.1113 & 1143 of 2023 19.06.2024 Page No.6 of 6