A petitioner may be entitled to suspension of sentence and bail pending the disposal of an appeal if the appeal raises substantial grounds and is not likely to be taken up in the near future.

Crl.M.P.No.20099 of 2022 in Crl.A.No.1328 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.01.2023

CORAM

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM

Crl.M.P.No.20099 of 2022

in Crl.A.No.1328 of 2022

S.Mohammed Asan

...

Petitioner

/vs/

State by the Inspector of Police,

All Women Police Station (West),

Coimbatore (Crime No.01/2020)

.. Respondent

Prayer : Criminal Miscellaneous Petition filed under section 389(1) of

Cr.P.C., to suspend the sentence imposed against the petitioner by the Learned

Mahila Court/Additional Special Court for exclusive trial of cases under

POSCO Act, Coimbatore in S.C.No.137 of 2021 dated 22.11.2022 and release

the petitioner on bail till the disposal of C.A.No of 2022 on the file of this

Hon'ble Court.

For petitioner

... Mr.M.Mohamed Saifulla

For Respondent

... Mr.C.E.Pratap, GA (crl.side)

1/5

https://www.mhc.tn.gov.in/judis

Crl.M.P.No.20099 of 2022 in Crl.A.No.1328 of 2022

ORDER

This Criminal Miscellaneous Petition has been preferred seeking to

suspend the sentence imposed against the petitioner on 22.11.2022 in

S.C.No.137 of 2021 by the Learned Mahila Court/Additional Special Court for

exclusive trial of cases under POSCO Act, Coimbatore and enlarge the

petitioner on bail pending disposal of the above appeal.

2. The petitioner, who is the sole accused in S.C.No.137 of 2021 was

convicted and sentenced by Mahila Court/Additional Special Court for

exclusive trial of cases under POSCO Act, Coimbatore, as follows:

Petitioner

Rank

Provision under

which convicted

Sentence

Sole

Accused

Under Section 451

of I.P.C

Sentenced to undergo one year

imprisonment and to pay fine of Rs.1000/-

, in default to undergo 3 months S.I.

Under Section 354

(A) (i) of I.P.C

Sentenced to undergo two years

imprisonment.

Both the sentences ordered to run concurrently.

3. Aggrieved over the same, the petitioner has preferred the present

criminal appeal along with the instant miscellaneous petition, seeking

suspension of sentence and bail.

2/5

https://www.mhc.tn.gov.in/judis

Crl.M.P.No.20099 of 2022 in Crl.A.No.1328 of 2022

4. Heard the learned counsel appearing for the petitioner and the

learned Govt. Advocate (crl.side) appearing for the State.

5. The learned counsel for the petitioner submitted that there are

arguable points in this appeal and the petitioner has a good and fair chance of

success in this appeal. He would further submit that the fine amount was

already paid. Thus, he prayed for suspension of sentence imposed on the

petitioner till the disposal of this Criminal appeal.

6. The petitioner has raised substantial grounds in the appeal which

require detailed appraisal. Further, the appeal is not likely to be taken up in

the near future. In such view of the matter, this Court is of the view that the

petitioner is entitled to the relief of suspension of sentence and bail.

7.Accordingly, the relief of suspension of sentence alone is granted on

the following conditions:

(i)

The petitioner shall surrender before the Trial Court within

two weeks from the date of receipt of a copy of this order

and on such surrender, the petitioner shall execute a bond

for a sum of Rs.10,000/-(Rupees ten thousand only) along

with two sureties, each, for a likesum to the satisfaction of

Mahila Court/Additional Special Court for exclusive trial of

3/5

https://www.mhc.tn.gov.in/judis

Crl.M.P.No.20099 of 2022 in Crl.A.No.1328 of 2022

cases under POSCO Act, Coimbatore.

(ii)

The petitioner and the sureties shall affix their photograph

and Left Thumb Impression in the bond and the Trial Court

may obtain a copy of his Aadhar card or Bank pass Book to

ensure his identity.

(iii) The petitioner shall appear before the trial Court as and

when required.

03.01.2023

bsm

To,

1. The Mahila Court/Additional Special Court, for exclusive trial of cases

under POSC