Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to Suspend the Sentence imposed by the Learned Additional District and Sessions Judge, Ramanathapuram dated 20.09.2017 in Criminal Appeal No. 26 of 2013 and enlarge the petitioner on bail pending disposal of the main Revision and thus render justice.
M.V Muralidaran, J.:— This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/s. N. Dilip Kumar, Advocate for the petitioners and of Mr. K. Anbarasan, Government Advocate (Crl. Side) for the Respondent while admitting the Crl.RC the court made the following order:—
The petitioners/Accused No. 1 and 1 have challenged the order passed by the learned Additional District and Sessions Judge, Ramanathapuram in C.A No. 26/2013 dated 20.09.2017
2. The first petitioner/Accused No. 1 has been convicted under Section 120B r/w 420 IPC and sentenced to undergo a simple imprisonment for a period of 3 years and to pay a fine of Rs. 10,000/-, in default, to undergo simple imprisonment for six month; for offence under Section 420 IPC, he has been sentenced to undergo a simple imprisonment for a period of 3 years and to pay a fine of Rs. 10,000/-, in default, to undergo simple imprisonment for six month and for offence under Section 486 IPC, he has been sentenced to undergo a simple imprisonment for a period of 2 years and to pay a fine of Rs. 10,000/-, in default, to undergo simple imprisonment for six month and for offence under Section 471 IPC, he has been sentenced to undergo a simple imprisonment for a period of 2 years and to pay a fine of Rs. 10,000/-, in default, to undergo simple imprisonment for six month. The second petitioner/Accused No. 2 has been convicted under Section Section 120B r/w 420 IPC and sentenced to undergo a simple imprisonment for a period of 3 years and to pay a fine of Rs. 10,000/-, in default, to undergo simple imprisonment for six month; for offence under Section 420 IPC, he has been sentenced to undergo a simple imprisonment for a period of 3 years and to pay a fine of Rs. 10,000/-, in default, to undergo simple imprisonment for six month. Challenging the conviction and sentence, the petitioners are before this Court with this appeal. Pending appeal, he has come forward with this petition seeking suspension of sentence.
3. It is represented by the learned counsel for the petitioners that the fine amount has already been paid. The learned counsel for the petitioners would submit that there are arguable points in their favour. The learned counsel would further submit that the petitioners were on bail during the period of trial and there is no likelihood of absconding. It is not possible for this Court to take up the appeal for final hearing in the near future. In view of all the above, I am inclined to suspend the substantive sentence of imprisonment pending disposal of the revision.
4. Accordingly, this petition is allowed and the substantive sentence of imprisonment imposed on the petitioners alone are suspended and the petitioners are directed to be enlarged on bail, on the following conditions:
The petitioners should execute a bond each 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 learned Additional District and Sessions Judge, Ramanathapuram, and on further condition that the petitioners shall report before the concerned Court on the first working day of every English calender month at 10.30 a.m until further orders.
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