VIRUMANDI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This petition has been filed to set aside the order of dismissal passed in Crl.M.P.No.539 of 2010 in C.A.No.23 of 2010 dated 05.08.2010 on the file of the learned Sessions Judge, Karur.

(2.) A re'sume' of facts absolutely necessary and germane for the disposal of this petition would run thus: The petitioners were convicted by the learned Asst.Sessions Judge, Karur, for the offence punishable under Section 395 I.P.C and sentenced to undergo 7 years rigorous imprisonment, as against which the appeal in C.A.No.23 of 2010 was filed and along with that, Crl.M.P.No.539 of 2010 was filed invoking Section 389(1) Cr.P.C and sought for suspension of sentence; but, the learned Sessions Judge dismissed it on the main ground that the accused had all along been in jail pendente lite and hence, he rejected the bail.

(3.) Being aggrieved by and dissatisfied with the said order, this petition has been filed, on the main ground that the reason furnished by the learned Sessions Judge was far from satisfactory and that no law envisages that if a convict had been in jail pendente lite, he should not be given suspension of sentence.