Lenin vs State

A.D.Jagadish Chandira, J

This Criminal Miscellaneous Petition has been filed by the Petitioner/Appellant seeking to suspend the sentence imposed on him by the learned Sessions Judge, (Fast Track) Mahila Court, Dharmapuri vide Judgment dated 28.03.2023 in Spl.S.C.No.21 of 2021 and enlarge him on bail pending disposal of the Criminal Appeal.

The conviction and sentence imposed on the Petitioner/Appellant are as follows:

Convicted for Offence

Sentence

Under Section 363 of I.P.C

To undergo rigorous imprisonment for a period of 3 years and to pay a fine of Rs.5,000/-, in default, to undergo 3 months simple imprisonment

Under Section 366 of I.P.C

To undergo rigorous imprisonment for a period of 5 years and to pay a fine of Rs.10,000/-, in default, to undergo 6 months simple imprisonment

Under Sections 5(l) r/w. 6 of POCSO Act, 2012

To undergo rigorous imprisonment for a period of 20 years and to pay a fine of Rs.25,000/-, in default, to undergo 1 year simple imprisonment.

The learned counsel for the Petitioner/Appellant submitted that even as per the case of prosecution, it is a case of elopement. At the time of occurrence, the Petitioner/Appellant was 19 years old and the victim girl was 17 years old. Based on the complaint given by the mother of the victim girl, initially, the Respondent Police had registered the case as girl missing, but, after the victim girl was secured and her statement was received, based on the statement given by the victim girl, the Respondent Police had registered the case in Crime No.204 of 2019 against the Petitioner/Appellant for the offences under Sections 363, 366 of I.P.C and 5(l), 5(t) r/w. 6 of POCSO Act.

3.1. It is further submitted by the learned counsel for the Petitioner/Appellant that there are arguable points available in the Criminal Appeal which is not likely to be taken up for final hearing in the near future and the Petitioner/Appellant has a fair chance of succeeding in the Criminal Appeal.

3.2. The learned counsel for the Petitioner/Appellant also submitted that during trial, the Petitioner/Appellant was granted bail and he had not misused the liberty granted to him while he was on bail. The Petitioner/Appellant was convicted on 28.03.2023 and since then, he has been under the judicial custody for more than 3 years. Therefore, the sentence imposed on the Petitioner/Appellant may be suspended and he may be enlarged on bail.

Per Contra, the learned Government Advocate (Crl.Side) appearing on behalf of Respondent Police submitted that Petitioner/Appellant took the victim girl from the lawful custody of her mother and committed penetrative sexual assault against her. Therefore, the learned Government Advocate (Crl.Side) submitted that he has serious objection for suspending the sentence imposed on the Petitioner/Appellant.

Heard the learned counsel on either side and perused the materials available on record.

In the present case, the Petitioner/Appellant has been under judicial custody for more than 3 years and he has made out a prima facie case for grant of bail and suspension of sentence.

Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side and also, taking note of the period of incarceration undergone by the Petitioner/Appellant, this Court is inclined to grant the reliefs of suspension of sentence and bail to the Petitioner/Appellant, till the disposal of the Criminal Appeal, on certain conditions.

Accordingly, till the disposal of the Criminal Appeal, the reliefs of suspension of sentence and bail are granted to the Petitioner/Appellant, subject to the following conditions:

(i) The Petitioner/Appellant shall execute 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, (Fast Track) Mahila Court, Dharmapuri;

(ii) The sureties shall affix their photographs and left thumb impressions in the surety bonds and the learned Magistrate may obtain a copy of their Aadhaar Card or Bank Pass Book to ensure their identities;

(iii) The Petitioner/Appellant shall appear before the trial Court on the first working day of every English calendar month at 10.30 a.m., until further orders.

This Criminal Miscellaneous Petition is ordered on the above conditions.