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R. SAKTHIVEL
S. M. Arul Nandi Sivam – Appellant
Versus
K. C. Soundarapandiyan – Respondent
ORDER :
Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, 1973, praying to set aside the order dated 22.04.2024 in Crl.M.P.No. 12306 of 2024 i.e., suspension of sentence on the file of Court of Sessions at Chennai.
1. This Criminal Original Petition has been presented on May 14, 2024 under Section 482 of the ‘Code of Criminal Procedure, 1973 (Act No. 2 of 1974)’ (henceforth ‘Cr.P.C.’), praying to set aside the order dated April 22, 2024 made in Crl.M.P.No. 12306 of 2024 in C.A.No. 311 of 2024 on the file of the learned Principal Sessions Judge, Chennai pending disposal of C.A.No. 311 of 2024, which is now made over to XX Additional Sessions Court, Chennai.
Factual Matrix
2. The petitioner herein is the accused and the respondent herein is the complainant before ‘II Metropolitan Magistrate Court, Egmore, Chennai’ (henceforth ‘Trial Court’). The petitioner and the respondent are trustees of M/s.Vasudeva Pillai Trust. The respondent filed a private complaint against the petitioner alleging that the petitioner committed the offence of criminal defamation punishable under Section 500 of 'The Indian Penal Code, 1860' (henceforth 'IPC'), before the
The court established that procedural safeguards must be adhered to in criminal proceedings, particularly the right of the accused to seek bail and the necessity of their presence during judgment pro....
The court established that an accused who has not been required to execute bail bonds during trial cannot be denied suspension of sentence solely on that basis, provided they are not in custody and m....
The court held that the discretion to suspend a sentence post-conviction must be exercised judiciously, considering the nature of the offence and the likelihood of appeal success.
The main legal point established in the judgment is the discretion of the appellate court to suspend the sentence pending appeal, the conditions for such suspension, and the practical reasons for del....
The correct calculation of days for filing appeal and suspension of sentence petition is crucial in determining the admissibility of the petition.
The court emphasized the importance of following procedural requirements in criminal cases, particularly regarding the execution of sentences and the rights of the accused to appeal.
The main legal point established in the judgment is that the appellate Court has the discretion to suspend the sentence of a person convicted under the NDPS Act pending appeal, subject to the conditi....
Suspension of sentence should be considered liberally unless there is any statutory restriction, and the appellate Court has the discretion to suspend a sentence awarded under the NDPS Act, emphasizi....
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