Vaali v. The Inspector Of Police

Bail Slip That the Revision Petitioner/Accused was directed to be released on Bail vide Court order dated 05.09.2011 in MP(MD) No.3 of 2011 in CRL RC(MD)No.733 of 2011 on the file of the Madurai Bench of Madras High Court.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.06.2019

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.R.C.(MD)No.733 of 2011 Vaali ... Revision Petitioner/Appellant/Accused No.2 Vs.

The Inspector of Police, CBCID, (Counterfeit Currencies), Trichy.

(Crime No.1 of 2005) ... Respondent/Respondent/Complainant Prayer: Criminal Revision Case is filed under Section 397 r/w. 401 of Cr.P.C, to call for the records in pertaining to C.A.No.91 of 2008, on the file of the learned Additional Sessions Court, Fast Track Court, Thanjavur by its judgment dated 24.10.2009 confirming the judgment of the learned Principal Assistant Sessions Court, Thanjavur, in S.C.No.119 of 2006 by its judgment dated 21.11.2008 by allowing this revision.

For Petitioner : Mr.A.Arunprasad For Respondent : Mrs.S.Bharathi Government Advocate (Crl. Side)

O R D E R

The petitioner was found guilty of the offence under under Section 489(C) of I.P.C. by the learned Trial Judge in S.C.No.119 of 2006, on the file of the learned Principal Assistant Sessions Court, Thanjavur and sentenced to undergo three years rigorous imprisonment and levied with fine of Rs.2,000/-. This judgment dated 21.11.2008 was confirmed by the Appellate Court in C.A.No.91 of 2008, on the file of the learned Additional Sessions Judge, Fast Track Court, Thanjavur. The same is under challenge in this criminal revision case.

2.The petitioner's counsel submitted that the petitioner was the second accused. The first accused had undergone the entire term of imprisonment while the third accused was acquitted. It is admitted by the respondent that the petitioner has not come under any adverse notice for the last 13 years. The occurrence had taken https://hcservices.ecourts.gov.in/hcservices/

place way back in the year 2005. More than 14 years have gone by. The petitioner was in custody for 90 days. The petitioner's counsel submitted that he would not question the finding of guilt and he would be satisfied, if punishment is modified. Taking note of the subsequent good conduct of the petitioner for the last 14 years, this Court even while confirming the conviction reduces the sentence of imprisonment to the period already undergone. 3.With this modification in the matter of sentence, this criminal revision case is partly allowed.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS ) To

1. The Additional Sessions Judge, Fast Track Court, Thanjavur.

2. The Principal Assistant Sessions Judge, Thanjavur .

3. The Inspector of Police, CBCID, (Counterfeit Currencies), Trichy.

4. The Superintendent, Central Prison, Trichy

5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy to: The Section Officer, Criminal Section,(2 Copies), Madurai Bench of Madras High court, Madurai Crl.R.C.(MD)No.733 of 2011 27.06.2019 ias MK (09.08.2019) 2P 8C https://hcservices.ecourts.gov.in/hcservices/