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Petitioner Vs. Respondent - Court Judgment

LegalCrystal Citation
CourtChennai High Court
Decided On
Case NumberCrl.M.P. No. 11469 of 2016 In Crl.A. No. 744 of 2016
Judge
AppellantPetitioner
RespondentRespondent
Excerpt:
.....of trial court for exclusive trial of cases registered under act and on further condition that they shall appear before said court once in prescribed days in month till disposal of criminal appeal without any default/deviation - petition ordered. paras: (10, 11) .....advocate (crl. side) for the respondent. 2. the petitioners/appellants have preferred the present criminal appeal no.744 of 2016 before this court, as an aggrieved persons, as against the judgment dated 13.10.2016 in special s.c.no.228 of 2015 passed by the learned sessions judge, special court for exclusive trial of cases registered under the scheduled castes and scheduled tribes (prevention of atrocities) act, 1989, villupuram. 3. it comes to be known that the petitioners/appellants/a1 and a2 were found guilty in respect of an offence under section 323 of the indian penal code and they were convicted for the aforesaid offence and sentenced to undergo simple imprisonment for one year each and further, they were directed to pay a fine of rs.1,000/- each and in default of payment of said.....
Judgment:

M. Venugopal, J.

1. Heard Mr.C.Munusamy, Learned Counsel for the Petitioners/ Appellants and Ms.M.F.Shabana, Learned Government Advocate (Crl. Side) for the Respondent.

2. The Petitioners/Appellants have preferred the present Criminal Appeal No.744 of 2016 before this Court, as an aggrieved persons, as against the Judgment dated 13.10.2016 in Special S.C.No.228 of 2015 passed by the Learned Sessions Judge, Special Court for Exclusive Trial of Cases registered under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Villupuram.

3. It comes to be known that the Petitioners/Appellants/A1 and A2 were found guilty in respect of an offence under Section 323 of the Indian Penal Code and they were convicted for the aforesaid offence and sentenced to undergo Simple Imprisonment for one year each and further, they were directed to pay a fine of Rs.1,000/- each and in default of payment of said fine amount, they were directed to undergo Simple Imprisonment for three months each by the trial Court, through its Judgment dated 13.10.2016 in Special S.C.No.228 of 2015.

4. In respect of the charge under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, the Appellants/A1 and A2 were convicted by the trial Court and sentenced to undergo Simple Imprisonment for one year each and they were directed to pay a fine of Rs.4,000/- each and in default of payment of fine amount, they were directed to undergo Simple Imprisonment for three months each. That apart, the 1st Appellant/A1 was found guilty for an offence under Section 506(i) I.P.C. and was convicted and sentenced to undergo Simple Imprisonment for a period of one year and further directed to pay a fine of Rs.3,000/- and in default of payment of fine, she was directed to undergo Simple Imprisonment for three months.

5. It is represented on behalf of the Petitioners/Appellants/A1 and A2 that they had remitted the fine amount and it appears that both of them had remitted a sum of Rs.13,000/- in all, before the trial Court.

6. It is represented on behalf of the Respondent/State that the trial Court, after contest, had convicted and sentenced the Petitioners/Appellants/A1 and A2 and imposed necessary punishments for the offences, they were found guilty and as such, the Petitioners/Appellants/A1 and A2 may not be released on bail after suspending the sentence.

7. Admittedly, the Appellants/A1 and A2 have preferred the present Criminal Appeal before this Court in exercising their statutory right as envisaged under Criminal Procedure Code.

8. It cannot be gainsaid that an 'Appeal' is a continuation of Original Proceedings viz., the Special S.C.No.228 of 2015 on the file of the trial Court. At this juncture, this Court has perused the 'Memorandum of Grounds of Appeal' set out by the Petitioners/ Appellants in Criminal Appeal and is of the considered view that the Petitioners/Appellants/A1 and A2 have raised some substantial/ arguable/tangible points which require a detailed rumination at the time of hearing of the main Appeal.

9. It is to be remembered that the filing of a Petition praying for Suspension of Sentence forms an integral part of the main Criminal Appeal, in the considered opinion of this Court.

10. In view of the fact that the Petitioners/Appellants/A1 and A2 have projected the present Criminal Appeal before this Court and this Court bearing in mind a primordial fact that 'Appeal' is a continuation of Original Proceedings i.e. Special S.C.No.228 of 2015 on the file of the trial Court and also, this Court keeping in mind yet another vital fact that the present Appeal is not likely to be heard in the near future and also considering the facts and circumstances of the present case in an encircling manner, at this stage, this Court is inclined to suspend the substantial sentence of imprisonment alone in respect of the Petitioners/Appellants/A1 and A2 and orders the release of the Petitioners/Appellants/A1 and A2 on each of them executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties each for a like sum to the satisfaction of the Learned Sessions Judge, Special Court for Exclusive Trial of Cases registered under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, Villupuram and on further condition that they shall appear before the said Court once in 15 days in a month at 11.00 a.m. till the disposal of the Criminal Appeal without any default/deviation.

11. Accordingly, the Crl.M.P.No.11469 of 2016 is ordered.


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