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Madras High CourtCRL MP/1884/2023allowed

Basheerkhan v. State Rep By

2023-02-24Honourable Mr Justice V.Sivagnanam2 pages

Crl.M.P.No.1884 of 2023 in Crl.RC.No.450 of 2022 V. SIVAGNANAM, J.

This petition is filed to relax the condition imposed by this Court in the order dated 28.04.2022 in Crl.M.P.No.4654 of 2022 in Crl.R.C.No.450 of 2022 that the petitioner shall report before the trial Court on the 1st working day of every English Calendar month at 10.30 a.m., until the disposal of the appeal.

2. The learned counsel for the petitioner submitted that this Court, by order dated 28.04.2022 made in Crl.M.P.No.4654 of 2022, suspended the substantive sentence of imprisonment imposed on the petitioner by trial court on one of the conditions that he shall appear before the trial court on the 1st working day of every English Calender month at 10.30 a.m. until the disposal of the revision petition.

3. He further submitted that the petitioner is a man of no means and he is a daily wage labourer, hence, it is difficult for him to comply with the above said condition further. Therefore, the learned counsel for the petitioner https://www.mhc.tn.gov.in/judis

V. SIVAGNANAM, J.

msr prayed for total relaxation of condition regarding reporting before the trial court on first working day of every month pending disposal of Revision.

4. The learned Govt. Advocate (crl.side) appearing for the respondent submitted that the petitioner has been complying with the conditions imposed by the Court below regularly.

5. Considering the submission of the learned counsel for the petitioner, the condition imposed on the petitioner that he should appear before the trial court on the first working day of every month, by the trial court, by order dated 28.04.2022 in Crl.M.P.No.4654 of 2022 in Crl.R.C.No.450 of 2022 is totally relaxed. The petitioner shall appear before the trial court as and when required.

24.02.2023 msr Crl.M.P.No.1884 of 2023 in Crl.RC.No.450 of 2022 https://www.mhc.tn.gov.in/judis