S.Prabhakaran v. R.Vadivel
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.03.2023
CORAM
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM Crl.M.P.No.1843 of 2023 in Crl.RC.No.225 of 2023 S. Prabhakaran ...
Petitioner /vs/ R. Vadivel .. Respondent Prayer : Criminal Miscellaneous Petition filed under section 389 (1) of Cr.P.C., to suspend the sentence which was imposed by the learned V Additional District and Sessions Judge, Coimbatore in C.A.No.101 of 2021, dated 20.09.2022, confirming the conviction and sentence passed by the learned Judicial Magistrate, ast Track Court No.1 @ (Magisterial Level) of Coimbatore in C.C.No.659 of 2018, dated 08.03.2021 and enlarge the petitioner on bail, pending disposal of the criminal revision case. For Petitioner ... Mr.R.C. Paul Kanagaraj
ORDER
This Criminal Miscellaneous Petition has been preferred seeking to suspend the sentence of imprisonment passed against the petitioner in C.C.No.659 of 2018, dated 08.03.2021 by the Judicial Magistrate, Fast Track Court No.1 at magisterial Level of Coimbatore, which was confirmed by the judgment passed in C.A.No.101 of 2021, dated 20.09.2022 by the V 1/5
Additional District and Sessions Judge, Coimbatore and enlarge the petitioner on bail, pending disposal of the Criminal Revision Case.
2. The petitioner, who was the sole accused in C.C.No.659 of 2018 was convicted and sentenced by the trial court as follows: Petitioner's Rank Provision under which convicted Sentence Sole accused U/s.138 of NI Act To undergo SI for six months;
he was also ordered to pay Rs.15,00,000/- as compensation to the complainant within two months, failing which, to undergo imprisonment for 2 months.
The judgment of conviction and sentence imposed on the petitioner by the trial court was confirmed by the judgment dated 20.09.2022 of V Additional District and Sessions Judge, Coimbatore made in C.A.No.101 of 2021. Challenging the above conviction and sentence, the petitioner has filed Crl.R.C. along with the instant miscellaneous petition, seeking suspension of sentence and bail.
3. The learned counsel for the petitioner submitted that the judgment of the trial court and the lower appellate court is contrary to law, weight of evidence and probabilities of the case. He would further submit that there are arguable points in this Revision and the petitioner has every chance to 2/5
succeed in this Criminal Revision Case. Thus, he prayed for suspension of sentence till the disposal of this Criminal Revision Petition.
4. The petitioner has raised substantial grounds in the Revision which require detailed appraisal. Further, the Revision is not likely to be taken up in the near future. In such view of the matter, this Court is of the view that the petitioner is entitled to the relief of suspension of sentence and bail.
5. Accordingly, the relief of suspension of sentence and bail is granted to the petitioner on the following conditions: (i) The petitioner shall surrender before the Judicial Magistrate Fast Track Court No.1, Coimbatore within two weeks from the date of receipt of a copy of this order and on such surrender, the petitioner is ordered to be released on bail on his executing an own bond for a sum of Rs.10,000/- (Rupees ten thousand only) to the satisfaction of the above said court.
(ii) The petitioner shall affix his photograph and Left Thumb Impression in the bond and the above said Court may obtain a copy of his Aadhaar card or Bank pass Book to ensure his identity; and;
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(iii) The petitioner shall appear before the trial Court as and when required.
02.03.2023 msr To
1. The V Additional District and Sessions Judge, Coimbatore.
2. The Judicial Magistrate, Fast Track Court No.1 @ (Magisterial Level) of Coimbatore.
V.SIVAGNANAM, J.
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msr Crl.M.P.No.1843 of 2023 in Crl.RC.No.225 of 2023 02.03.2023 5/5