A court has the power to suspend the execution of a sentence pending an appeal or revision if there are arguable points involved and the revision is not likely to be taken up for final hearing in the near future.

CRL MP(MD) No.661 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

( Criminal Jurisdiction )

Wednesday, the Twelfth day of January Two Thousand and Twenty Two

PRESENT

The Hon'ble Mr.Justice G.ILANGOVAN

CRL MP(MD) No.661 of 2022

IN

CRL RC(MD) No.34 of 2022

PANDURANGAN ... PETITIONER/PETITIONER

Vs

KRISHNAVENI @ POMMUTHAI ... RESPONDENT/RESPONDENT

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 on the peittioner by the learned

Additional District and Sessions Judge, Dindigul in Criminal Appeal

No.44 of 2018 dated. 10.12.2021 by confirming the order passed in

C.C.No.60 of 1996 on the file of the District Munsif cum Judicial

Magistrate at Vedasandur, dated 22.05.2018 pending disposal of the

above Criminal Revision Petition.

Prayer in CRL RC(MD). 34/ 2022 :

To call for the records pertaining to the order of conviction

in C.A. No. 44 of 2018 dated. 10.12.2021 passed by the learned

Additional District and Sessions Judge, Dindigul in confirming the

order passed by the Learned District Munsif cum Judicial Magistrate

at Vedasandur in C.C.No.60 of 1996 on 22.05.2018 and set aside the

same by allowing the Revision Petition.

Order : This petition coming up for orders on this day, upon

perusing the petition filed in support thereof and upon hearing the

arguments of M/S. MAHENDRAN.K., Advocate for the petitioner, the

court made the following order:-

The petitioner was convicted by the Judgment dated 22.05.2018

by the learned District Munsif cum Judicial Magistrate, Vedasandur,

in C.C.No.60 of 1996 in the following manner. The learned Judicial

Magistrate, Vedasandur sentenced the petitioner to undergo two years

simple imprisonment for the offence punishable under Section 494 IPC

and to pay a fine of Rs.2,000/-, in default to undergo 3 months

simple imprisonment. Against which criminal appeal in Crl.A.No.44 of

2018 has been filed before the learned Additional District and

Sessions Judge, Dindigul. That appeal was dismissed and the sentence

was confirmed by the appellate Court. Pending the appeal, the

sentence was suspended by the appellate Court and fine amount was

also paid. Against the dismissal, revision case in Crl.R.C.(MD).

No.34 of 2022 has been filed along with this petition.

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https://hcservices.ecourts.gov.in/hcservices/

CRL MP(MD) No.661 of 2022

2.Heard the submissions of the learned Government Advocate

(Criminal Side).

3.Having regard to the fact that there are arguable points

involved in the revision and further, the revision is not likely to

be taken up for final hearing in the near future and also

considering the fact the petitioner is already enjoyed the

suspension of sentence during the course of appeal proceedings, I am

of the considered opinion that the same benefit can be extended

during the revision of proceedings also and the petitioner is

entitled for the relief of suspension of sentence.

4.Accordingly, the substantive sentence of imprisonment alone

is suspended 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 District Munsif cum

Judicial Magistrate, Vedasandur and on further condition that the

petitioners shall appear before the said Court at 10.30 a.m. on the

first working day of every English Calendar month, pending disposal

of the appeal.

sd/-

12/01/2022

/ TRUE COPY /

12/01/2022

Sub-Assistant Registrar (C.S-I)

Madurai Bench of Madras High Court,