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Judgment
D.Bharatha Chakravarthy, J
This Criminal Miscellaneous Petition is filed to suspend the sentence passed by the learned Sessions Judge, Perambalur in S.C.No.18 of 2019 dated 28.04.2022 and enlarge the petitioner on bail pending the disposal of the above Criminal Appeal.
Heard the learned Counsel for the petitioner and learned Government Advocate (Criminal Side) for the respondent.
The learned counsel for the petitioner would submit that the evidence on record in this case the petitioner is not within the four corners of the judgment's of the Hon'ble Supreme Court, whereby, the accidents are to be treated for the offence under Section 304(ii) IPC and therefore, he would submit that there was not even materials to convict the petitioner under Section 304-A.
The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the trial Court has correctly convicted the petitioner.
I have considered the rival submissions made on either side and perused the materials on record.
Considering the submissions made by the learned counsel for the petitioner and considering the period of sentence imposed on the petitioner and considering the allegations and the fact that he is in prison from 28.04.2022, I am of the considered view that this is a fit case for grant of suspension of sentence pending the above appeal. Therefore, I am inclined to suspend the sentence, pending disposal of the main Criminal Appeal and grant bail to the petitioner 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.
This Criminal Miscellaneous Petition is ordered accordingly.