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Judgment
D. Bharatha Chakravarthy, J
This criminal miscellaneous petition is filed to suspend the execution of the sentence passed on 06.12.2021, in S.C.No.371 of 2018, by the Session Judge, Mahila Court, Cuddalore and enlarge the petitioner/appellant/accused on bail pending disposal of the above appeal.
Today when the matter came up for hearing, it is represented by the learned counsel for the petitioner that the petitioner is in incarcenation from 08.12.2021. The learned counsel also represented that the petitioner is ready to live with the victim. As a matter of fact, the marriage ceremony was earlier performed. Therefore, considering the said circumstances and the undertaking given by the petitioner that he is ready and willing to live with the victim, if the victim still choses to do so, I am of the view that this is a fit case to grant suspension of sentence, pending disposal of the appeal.
Accordingly, the substantive sentence of imprisonment is suspended and the petitioner is enlarged on bail, pending disposal of the appeal on the following conditions:
(a) the petitioner is ordered to be released on bail, on his executing 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 Trial Court;
(b) the petitioner and the sureties shall affix their photographs and left thumb impressions in the surety bonds and the learned Magistrate may obtain a copy of their Aadhar Cards or Bank Pass books to ensure their identities;
(c) the petitioner shall appear before the Trial Court on the first working day of every English Calendar Month at 10.30 A.M until the disposal of the Criminal Appeal and if he is not able to appear before the Trial Court on any day, he shall make arrangements to file an application under Section 317 of Cr.P.C., and shall appear before the Trial Court on any other day in lieu of the date of his absence, as directed by the Trial Court.
7.The petitioner shall also abide by the undertaking given by him before this Court.
8.The criminal miscellaneous petition is ordered accordingly.