R.SEKAR Vs. STATE

JUDGEMENT

(1.) Though we had granted suspension of sentence to the petitioners/appellants on 5/2/2024, we intended to examine the reason assigned by the trial Court for declining the prayer for suspension of sentence, though the petitioners/appellants were convicted and sentenced to imprisonment of three years.

(2.) The trial Court had dismissed the applications for suspension of sentence on the ground that since the petitioners were not released on bail during trial, they would not be entitled to bail under Sec. 389 (3) of Cr.P.C. The order of the trial Court in the application filed by A1/1st petitioner herein reads as follows:

(3.) The order states that the accused were not arrested during the investigation or during the trial. Admittedly, they had also not absconded during the trial. Sec. 389 (3) of the Cr.P.C., reads as follows: