Madras High Court
CRL MP/20074/2023 of CHINNATHAI @ MAHENDRA ESWARI Vs The State, Rep, by on 29 December 2023
in Crl.A.No.1641 of 2023 Crl.M.P.No.20074 of 2023 in
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P.DHANABAL, J.
Crl.M.P.No.20074 of 2023in Crl.A.No.1641 of 2023
This petition has been filed by the petitioner to suspend the sentence imposed on her by the Sessions Court, Special Court for SC/ST (POA) Act Cases, Vellore, on 30.11.2023 and to enlarge her on bail pending disposal of the appeal.
2. The petitioner has been convicted by judgment dated 30.11.2023 passed by the Sessions Judge, Special Court for SC/ST (POA) Act Cases, Vellore, in Spl.S.C.No.34 of 2020 for the offence under Section 304(ii) IPC and was sentenced to undergo three years simple imprisonment.
3. The learned counsel appearing for the petitioner would contend that the trial Court has convicted the petitioner for the offence under Section 304(ii) IPC and the same is challenged in this appeal. The trial Court is totally defective since the available evidences are not sufficient to warrant conviction. The learned counsel submitted that the trial Court has granted suspension of sentence for one month from the date of judgment to the petitioner. There are sufficient grounds to allow the appeal and thereby, the sentence imposed upon the petitioner to be suspended by way of granting suspension of sentence and bail to the petitioner.
Crl.M.P.No.20074 of 2023 in Crl.A.No.1641 of 2023
4. The learned Government Advocate (Crl.Side) appearing for the respondent would contend that already the trial Court found the petitioner guilty and convicted her under Section 304(ii) IPC after considering the evidences on record. Stating so, he strongly opposed for the grant of suspension of sentence and bail to the petitioner.
5. Considering the submissions made by the learned counsel on both sides and further considering the sentence imposed upon the petitioner and also taking note of the fact that the petitioner has been granted suspension of sentence by the trial Court, this Court is inclined to grant suspension of sentence alone on the following conditions:
(i) 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 Sessions Court, Special Court for SC/ST (POA) Act Cases, Vellore.
(ii) the petitioner shall appear before the respondent /
police on the first working day of every English Calendar month at 10.30 a.m., until further orders.
nsd/mkn2
29.12.2023
https://www.mhc.tn.gov.in/judis3 / 3
Crl.M.P.No.20074 of 2023 in Crl.A.No.1641 of 2023
P.DHANABAL, J.
nsd/mkn2
Crl.M.P.No.20074 of 2023in Crl.A.No.1641 of 2023
29.12.2023