E.Bhagawan v. The State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.11.2024
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.M.P.No.15162 of 2024 in Crl.R.C.No.1846 of 2024 E.Bhagawan ... Petitioner Vs.
The State Rep. by The Inspector of Police, Thiruvalam Police Station, Vellore District.
(Cr.No.328/2017) ... Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 389(1) of Code of Criminal Procedure/430(1) of BNSS, to suspend the sentence imposed on the petitioner in C.A.No.30 of 2024 on the file of the Sessions Division of Vellore, Principal Sessions Judge, Vellore, dated 13.09.2024 confirming the judgment passed in C.C.No.211 of 2021 on the file of the Judicial Magistrate Court, Katpadi, dated 10.04.2024 and enlarge the petitioner on bail.
For Petitioner : Mr.B.Gopalakrishnan For Respondent :Mr.V.J.Priyadarsana Government Advocate (Crl. Side)
ORDER
This Criminal Miscellaneous Petition has been filed to suspend the sentence of imprisonment imposed on the petitioner by the learned Principal Sessions Judge, Vellore in Crl.A.No.30 of 2024 vide judgment, Page No.1 of 6
dated 13.09.2024 confirming the judgment of the learned Judicial Magistrate, Katpadi in C.C.No.211 of 2021, dated 10.04.2024. The petitioner was convicted and sentenced as follows: Convicted for offence under Section Sentence imposed 279 IPC To pay a fine of Rs.1,000/- in default to undergo simple imprisonment for one week.
304 (A) IPC To undergo SI for six months with fine of Rs.5,000/- in default to undergo SI for one week.
2. The learned counsel for the petitioner submits that the evidence of the eyewitnesses are contradictory and inherently improbably and there are arguable points in the revision. Hence, he prays for suspension of sentence to the petitioner
3. Mr.V.J.Priyadarsana, learned Government Advocate (Criminal Side), who takes notice on behalf of the respondent opposed the grant of suspension of sentence to the petitioner.
4.This Court finds force in the submission of the learned counsel for the petitioner that there are arguable points in the above revision as there are contradictions in the evidence of eyewitnesses as regards the manner of the accident. The petitioner is in custody from 04.10.2024. Page No.2 of 6
5. In view of the above, this Court is inclined to grant suspension of sentence till the disposal of the present criminal revision case. Accordingly, the Substantive Sentence of Imprisonment imposed on the petitioner is suspended till the disposal of the revision and he is ordered to be enlarged on bail, on condition that he shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties, each for a likesum to the satisfaction of the Trial Court. 6.Further, the petitioner shall appear before the Trial Court on the first working day of every English calender month at 10.30 a.m till the disposal of the present criminal revision case and if he is not able to appear before the trial Court on that day, he shall make arrangement to file an application under Section 317 Cr.P.C., and shall appear before the trial Court on any other day in lieu of the date of his absence as directed by the trial Court. Accordingly, this Miscellaneous Petition is ordered. 04.11.2024 (1/2) ars Page No.3 of 6
Issue order copy today.
Page No.4 of 6
SUNDER MOHAN, J.
ars To 1.The Principal Sessions Judge, Vellore.
2. The Judicial Magistrate, Katpadi.
3.The Inspector of Police, Thiruvalam Police Station, Vellore District.
4.The Central Prison, Vellore.
5.The Public Prosecutor, Madras High Court.
Crl.M.P.No.15162 of 2024 in Crl.R.C.No.1846 of 2024 04.11.2024 (1/2) Page No.5 of 6
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