Manojkumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Seventh day of November Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice G.ILANGOVAN in CRL A(MD)No.984 of 2023 MANOJKUMAR ... PETITIONER/APPELLANT Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE SAMINATHAPURAM POLCE STATION, DINDIGUL DISTRICT.
CR.NO.18/2022 ... RESPONDENT/RESPONDENT Criminal Miscellaneous Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to Suspend the sentence imposed by the learned Fast Track Mahila Court Dindigul in Special Session Case No.142/2023 dated 22.09.2023 till the disposal of the Crl.Appeal.
PRAYER in CRL A(MD)No.984 of 2023:
To admit this appeal on file and call for the records from the Lower Court and set aside the Judgment passed by the learned Fast Track Mahila Court, Dindigul in Special Sessions Case No.142 of 2023 dated 22.09.2023 by allowing this appeal. Order : This Criminal Miscellaneous Petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.K.ASOK KUMAR RAM, Advocate for the petitioner and of Mr.B.NAMBI SELVAN, Additional Public Prosecutor on behalf of the Respondent while admitting the Criminal Appeal., the Court made the following order:- 1/4
This Criminal Miscellaneous Petition is filed to suspend the sentence imposed on the petitioner by the learned Fast Track Mahila Court, Dindigul, in Special Case Sessions No.142 of 2023 dated 22.09.2023 and enlarge the petitioner on bail, pending disposal of the above said Criminal Appeal.
2.The learned counsel for the petitioner submitted that the petitioner was convicted and sentenced by the learned trial judge,as follows : S.No.
Offence Sentence Fine In default sentence 1.
Section 363 of Indian Penal Code years rigorous imprisonment Rs.2,000/- Three months simple imprisonment Challenging the above said conviction and sentence, the petitioner has preferred the present Criminal Appeal along with the above Miscellaneous Petition seeking suspension of sentence.
3. It is submitted by the learned counsel for the petitioner that the sentence was already suspended by the trial Court till 22.11.2023. 2/4
4. Heard the learned Additional Public Prosecutor appearing for the respondent police.
5. Having regard to the fact that there are arguable points involved in the appeal and further, the appeal is not likely to be taken up for final hearing in the near future and also considering the fact the petitioner is already enlarged on bail by the trial Court, the suspension of sentence petition is allowed and the substantive sentence of imprisonment alone is suspended pending disposal of the appeal and the petitioner is directed to be enlarged on bail on condition that 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 learned Fast Track Mahila Court, Dindigul.
sd/- 07/11/2023 / TRUE COPY / /11/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.
TTA 3/4
TO THE JUDGE, FAST TRACK COURT, DINDIGUL THE INSPECTOR OF POLICE SAMINATHAPURAM POLCE STATION, DINDIGUL DISTRICT. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO:
THE SECTION OFFICER, CRIMINAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. (CALL FOR RECORDS) +1 CC to M/s.K.ASOK KUMAR RAM, Advocate ( SR-16137[I] dated 09/11/2023 )
ORDER
IN in CRL A(MD)No.984 of 2023 Date :07/11/2023 SS/JGB/SAR- /21/11/2023/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4