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2026 Supreme(Online)(Mad) 35571

IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.VIJAYAKUMAR, J
M.Bhasker – Appellant
Versus
K.K.S.Palaniswamy – Respondent
Crl.OP.(MD)No.8111 of 2026 | Crl.M.P(MD)No.8712 of 2026



Advocates:
For Petitioner: M/s.V.Sasi Kumar

Court directs Sessions Court to consider sentence suspension application on merits before main appeal hearing.

Headnote:Under Section 528 of BNSS Act, petitioner convicted and sentenced to one year imprisonment and fine of Rs.14,00,000/- by Judicial Magistrate No.II, Karur in S.T.C.No.2292 of 2023 on 16.02.2026. Appeal filed as C.A.No.46/2026 with suspension application Crl.M.P.No.291/2026. Court finds delay in considering suspension petition before main appeal. Issues framed as directing expeditious disposal of suspension application. Ratio: Sessions Court must consider suspension on merits before hearing appeal, as per law. Criminal Original Petition disposed of with direction to Principal District and Sessions Judge, Karur, to consider suspension application before appeal.

Table of Content
1. petitioner's conviction and delayed suspension application. (Para 1 , 2 , 3)
2. direction to consider suspension before appeal. (Para 4 , 5)

ORDER

The present petition has been filed by the sole accused in S.T.C.No.2292 of 2023, on the file of the Judicial Magistrate, No.II, Karur, seeking a direction to the Principal and District and Sessions Court, Karur, to take up the petition for suspension of sentence in Crl.M.P.No.291 of 2026 in C.A.No.46 of 2026.

2. It could be seen from the records that the petitioner has suffered an order of conviction at the hands of the learned Judicial Magistrate No.II, Karur, on 16.02.2026, wherein the petitioner was sentenced to one year imprisonment and imposed with a fine of Rs.14,00,000/-. Challenging the same, the petitioner has preferred C.A.No.46 of 2026, before the Principal District and Sessions Court, Karur. Along with the appeal, the petitioner has preferred Crl.M.P.No.

291 of 2026.

3. The grievance of the petitioner is that though the suspension of sentence application was listed on 07.04.2026, the same was not taken up and the Court is insisting for arguing the main appeal on 27.04.2026. Hence, the present petition.

4. Considering the above said facts, there shall be a direction to the learned Principal District and Sessions Judge, Karur, to consider the suspension of sentence application in Crl.M.P.No.291 of 2026, on merits and in accordance with law before taking up the appeal.

5. With the above said observation, the Criminal Original Petition stands disposed of. Consequently, connected miscellaneous petition is also closed.

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