K. PANDIYAN Vs. STATE

JUDGEMENT

(1.) The revision petitioners are shown as accused 1 and 2 in C.C. No. 173 of 2018 before the learned Judicial Magistrate No. VI, Coimbatore. After the trial proceedings, the learned Judicial Magistrate No. VI, Coimbatore, found guilty of the accused 1 and 2 for the offence under Sec. 392 of IPC convicted and sentenced them to undergo 3 years Rigorous Imprisonment and to pay a fine of Rs.2,000.00 each, in default to undergo 90 days Rigorous Imprisonment. As against the said order, the petitioners/accused has filed an appeal before the learned Principal District and Sessions Judge, Coimbatore, in Crl. A.No. 129 of 2019. During the pendency of the appeal, the petitioners/accused filed a petition in Crl. MP. No. 1207 of 2017 for suspension of sentence pending disposal of the appeal. After hearing the arguments, the learned Principal District and Sessions Judge, Coimbatore, dismissed the petition and refused to suspend the sentence stating the reason that the petitioners/accused are in custody in connection with yet another case. Therefore, the learned Principal District and Sessions Judge, Coimbatore, dismissed the said Criminal Miscellaneous Petition. As against the order of dismissal the petitioners/accused filed a present Criminal Revision Case before this Court.

(2.) Heard the learned counsel for the petitioners and perused the materials available on record.

(3.) Admittedly the petitioners/accused were convicted in C.C. No. 173 of 2018 by the Judgment dtd. 25/3/2019. Thereafter, the petitioners/accused filed an appeal before the learned Principal District and Sessions Judge, Coimbatore, in Crl. A. No. 129 of 2019, which was pending before the learned Principal District and Sessions Judge, Coimbatore, and it is also admitted that the petitioners/accused are in custody in connection with yet another case.