Ajay @ Mohamed Alhasheep v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twentieth day of May Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice G.ILANGOVAN IN CRL A(MD) No.217 of 2021 AJAY @ MOHAMED ALHASHEEP ... PETITIONER/ APPELLANT Vs STATE REP.BY THE INSPECTOR OF POLICE CUMBUM NORTH POLICE STATION, THEN DISTRICT.

CRIME NO.353 OF 2015.

... RESPONDENT/ RESPONDENT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to Suspend the conviction and sentence and grant bail to the Appellant pending disposal of the Criminal Appeal before this Hon'ble Court against the Judgment in S.C.No.15 of 2016 on the file of the Additional District and Sessions Judge,(Fast Track Court),Theni dated 01.03.2021 pending disposal of the Appeal. Prayer in CRL A(MD) No.217 of 2021:

To call for the records in in S.C.No.15 of 2016 on the file of the Additional District and Sessions Judge,(Fast Track Court),Theni dated 01.03.2021 and set aside the same and acquit the Appellant. Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.R.VENKATESAN, Advocate for the petitioner and of Mr.S.RAVI, Additional Public Prosecutor on behalf of the Respondent, the court made the following order:- This Miscellaneous Petition is filed seeking suspension of sentence passed by the trial Court in S.C.No.15 of 2016, dated 01.03.2021, by which, the petitioner was convicted and sentenced to undergo imprisonment for ten years under Section 304(ii) of IPC and to pay a fine of Rs.5,000/-, and in default to undergo simple imprisonment for three months.

2. Heard the learned counsel for the appellant and the learned Additional Public Prosecutor for the respondent and perused the records carefully.

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3.The learned Additional Public Prosecutor fairly admitted that there was no previous motive between the accused person and the deceased and that there was a wordy quarrel before TASMAC at the time of occurrence. As a result of which, this petitioner said to have quarrelled with the deceased and beaten the deceased with hands and pushed and the deceased fell down and sustained injury on the back side. Thereby, the deceased admitted in the Government Hospital and later died.

4.After considering the above submissions, this Court finds that there are arguable pointed involved to be decided in the Criminal Appeal. Thus, this Court deems it appropriate to suspend the substantive portion of sentence imposed on the appellant. 5.Under such circumstances, this Court is inclined to suspend the sentence of imprisonment imposed on the appellant pending appeal. Accordingly, this petition is allowed and the substantive sentence of imprisonment imposed on the appellant is suspended and the appellant is directed to be enlarged on bail, on the following conditions:

The petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like sum to the satisfaction of the Additional District and Sessions Judge (Fast Track Court), Theni and on further condition that the petitioner shall report before the respondent police at 10.30 a.m., once in a week i.e on every monday until further orders. sd/- 20/05/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, (FAST TRACK COURT),THENI.

2 THE INSPECTOR OF POLICE CUMBUM NORTH POLICE STATION, THEN DISTRICT.

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3 THE SUPERINTENDENT,CENTRAL PRISON, MADURAI.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN IN CRL A(MD) No.217 of 2021 Date :20/05/2021 RMI/PKN MS/MMR/SAR-3/26.05.2021/3P.5C 3/3