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Judgment
11 paragraphs · 441 wordsL. Victoria Gowri, J
This Criminal Miscellaneous Petition has been filed to suspend the sentence of imprisonment imposed by the learned IV Additional District and Sessions Judge, Tirunelveli in Crl.A. No. 71 of 2023 dated 11.11.2025, confirming the conviction and sentence imposed by the learned Judicial Magistrate, Valliyur in C.C.No.488 of 2015 dated 18.04.2023 and enlarge the petitioner on bail, pending disposal of the criminal revision petition.
The learned counsel appearing for the petitioner submitted that the petitioner has been convicted by the trial Court on 18.04.2023, and the trial Court sentenced him to undergo simple imprisonment for a period of one year, and also to pay Rs.1,000/-, in default to undergo one more month of imprisonment for the offence under Section 498A of IPC. in C.C.No.488 of 2015 on the file of the learned Judicial Magistrate, Valliyur.
The learned IV Additional District and Sessions Judge, Tirunelveli confirmed the conviction, and sentence and dismissed the Criminal Appeal in Crl.A. No. 71 of 2023 dated 11.11.2025. Challenging the same, the present Criminal Revision Case has been filed before this Court along with this Criminal Miscellaneous Petition seeking suspension of sentence.
This Court has carefully considered the rival contentions put forward by either side and also perused the materials available on record.
The learned counsel for the petitioner pointed out that there are certain infirmities and inconsistencies in this case, and also there are certain contradictions in material particulars. The fact remains that there are arguable points involved in this criminal revision and further, the criminal revision is not likely to be taken up for final hearing in the near future and as such, and also considering the fact that the petitioner has good chance of succeeding in the revision petition, this Court is of the considered view that the petitioner herein is entitled to the relief of grant of suspension of sentence.
Accordingly, this petition is allowed and the substantive sentence of imprisonment alone is suspended pending disposal of the revision with the following directions:
(i) The petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Valliyur;
(ii) The sureties shall affix their photographs and Left Thumb Impression in the surety bond and the trial Court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; and
(iii) The petitioner shall appear before the learned Judicial Magistrate, Valliyur, on all working days at 10.30 a.m., until further orders.
Post the matter for reporting compliance after four weeks.
