Sadiq Basha v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.10.2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRL MP Nos. 16681 & 16682 of 2025 IN CRL RC No. 1632 OF 2025 Sadiq Basha ... Petitioner Vs State rep.by Sub Inspector of Police Perambalur Police Station Perambalur (Crime No.284 of 2018) ... Respondent For Petitioner(s):

Mr.M.Sudhan For Respondent(s):

Dr.C.E.Pratap Government Advocate (Crl.Side) COMMON ORDER These Criminal Miscellaneous Petition have been filed by the petitioner, to suspend the sentence and enlarge the petitioner on bail imposed in C.A.No.27 of 2024 on the file of the learned Principal District and Sessions Judge,

Perambalur, dated 14.03.2025 confirming the sentence imposed in C.C.No.271 of 2023 on the file of the Chief Judicial Magistrate, Perambalur dated 18.11.2024, and to exempt the petitioner from surrendering, pending disposal of the above Criminal Revision.

2. The petitioner herein is the accused in C.C.No.271 of 2023 on the file of the Chief Judicial Magistrate, Perambalur, and he has been convicted and sentenced to undergo simple imprisonment for a period of 2 months and fine of Rs.1,000/- for the offence under Section 279 IPC failing which, the accused shall undergo default sentence of two weeks simple imprisonment and the accused is further sentenced to undergo simple imprisonment for a period of 1 year and shall pay a fine of Rs.1,000/- under Section 304(A) IPC failing which he shall undergo default sentence of two weeks simple imprisonment and the sentences imposed are ordered to run concurrently. The accused is acquitted under Section 338 (2 counts) of IPC. Aggrieved by the same, the petitioner had filed appeal in C.A.No.27 of 2024 before the learned Principal District and Sessions Judge, Perambalur. The learned trial Judge had dismissed the appeal

and confirmed the conviction and sentence, against which the present revision has been filed.

3.

The learned counsel for the petitioner/accused would submit that there are arguable points available in the Criminal Revision Case and the petitioner/accused has got a fair chance of succeeding in the Criminal Revision Case and hence, the substantive sentence imposed against the petitioner/accused may be suspended. Further it is his specific submission that the petitioner was enlarged on bail during the time of pendency of the appeal before the first appellate Court. He would submit that the petitioner is ready to abide the condition imposed by this Court.

4. Considering the facts and circumstances of the case coupled with the quantum of punishment imposed upon the petitioner, also by considering the submissions of the learned counsel for the petitioner, further this Criminal Revision is not likely to be taken for final hearing in the near future, 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 Case, the reliefs of suspension of sentence and bail are granted on the following conditions:

(a) the petitioner/accused is ordered to be released on bail, on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, in which one surety must be a blood related surety, each for a like sum to the satisfaction of the learned Judicial Magistrate, Perambalur.

(b) The petitioner/accused and the sureties shall affix their photographs and Left Thumb Impressions in the surety bonds and the Magistrate may obtain a copy of their Aadhaar Cards or Bank Pass Books to ensure their identities.

(c) The petitioner shall appear before the Trial Court as and when required, until the disposal of the Criminal revision petition and if he is not able to appear before the trial Court on any day, he shall make arrangements to file an application under Section 355 of BNSS, 2023. 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.

5.

With the above directions, the suspension of sentence filed by the petitioner in Crl.M.P.No.16681 of 2025 is ordered. Consequently, the petition filed by the petitioner in Crl.M.P.No.16682 of 2025 seeking exemption from surrendering before the trial Court is closed accordingly. 09.10.2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes dpq

T.V.THAMILSELVI J.

dpq To

1. The Sub Inspector of Police, Perambalur Police Station, Perambalur.

2. The learned Chief Judicial Magistrate Perambalur.

3. The learned Principal District and Sessions Judge, Perambalur.

4. The Judicial Magistrate Perambalur.

CRL MP Nos. 16681 & 16682 of 2025 IN CRL RC No. 1632 OF 2025 09.10.2025