Satham Hussain v. The Deputy Superintendent Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the First day of August Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice C.T.SELVAM and The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL MP(MD) No.3888 of 2018 IN CRL A(MD) No.258 of 2018 SATHAM HUSSAIN ... PETITIONER/APPELLANT/ACCUSED-1 Vs THE DEPUTY SUPERINTENDENT OF POLICE, OOMACHIKULAM, MADURAI DISTRICT, CR.NO.401/2017 OTHAKADAI POLICE STATION, MADURAI DISTRICT. RESPONDENT/RESPONDENT/COMPLAINANT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to suspend the sentence imposed on the petitioner by judgment dated 21/02/2018 in special S.C.No.
86/2017 passed by the Learned III Additional District and Sessions Judge for PCR Cases, Madurai and enlarge the petitioner on bail and thus render justice. Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of MR.V.R.BALASUBRAMANIANM for MR.M.SEENI SULTHAN, Advocate for the petitioner and of MR.CHANDRASEKAR, Additional Public Prosecutor on behalf of the Respondent, the court made the following order:- [Order of the Court made by C.T.SELVAM, J.,] Petitioner is arrayed as the first accused in S.C.No.
2017, on the file of the III Additional District and Sessions Judge for PCR Cases, Madurai and under Judgment dated 21.02.2018 he has been convicted and sentenced as follows:
Offence Sentence 294 IPC To undergo one month simple imprisonment and to pay a fine of Rs.100/-, in default to undergo 10 days imprisonment 341 IPC r/w 34 IPC r/w 3(2)(V) SC/ST (POA) Act To undergo one month simple imprisonment and to pay a fine sum of Rs.500/- in default to undergo 10 days imprisonment 302 IPC 34 IPC r/w 3(2)(V) SC/ST (POA) Act To undergo life imprisonment and also to pay fine sum of Rs.1000/- in default to undergo three months imprisonment 3(1)(X) SC/ST (POA) Act r/w 34 IPC To undergo 1 year rigorous imprisonment and to pay a sum of Rs.5000 in default to undergo 3 months imprisonment Petitioner has come forward with the above Miscellaneous Petition, seeking relief of suspension of sentence pending appeal.
2. The case of the prosecution is that owing to previous enmity, the deceased was done to death by the accused 1 and 2. Case was registered in Crime No.401 of 2017, on the file of the respondent police and the same on completion of investigation, filing of final report and on committal was tried by the III Additional District and Sessions Judge for PCR Cases, Madurai , in S.C.No 86 of 2017 and under Judgment dated 21.02.2018, the first accused was convicted for the offences, stated supra.
3. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.
4. Considering the facts and circumstances of the case and the submission of both sides and also considering that the appeal is not likely to be heard in the near future, this Court considers it appropriate to suspend the substantive portion of sentence imposed on the petitioner.
6. Accordingly, the present Miscellaneous Petition is allowed and substantive sentence of imprisonment alone is suspended in respect of the petitioner/accused and he is directed to be enlarged on bail on condition that he shall execute a bond in a sum of Rs.10,000/- [Rupees ten thousand only] with two sureties each for a like sum to the satisfaction of the III Additional District and Sessions Judge for PCR Cases, Madurai , and on further condition
that petitioner shall report before the said Court on the first working day of every English Calendar month at 10.30 a.m. pending appeal.
sd/- 01/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE FOR PCR CASES, MADURAI 2 THE DEPUTY SUPERINTENDENT OF POLICE, OOMACHIKULAM, MADURAI DISTRICT.
3 THE INSPECTOR OF POLICE, OTHAKADAI POLICE STATION, MADURAI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. C.C. to Mr.M.SEENI SULTHAN, Advocate SR.No.14847
ORDER
IN CRL MP(MD) No.3888 of 2018 IN CRL A(MD) No.258 of 2018 Date :01/08/2018 PK/RR/SAR-1/03.08.2018 : 3P/6C