Arunkumar vs The State Rep. By The Inspector Of Police on 23 March, 2026

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    Arunkumar vs The State Rep. By The Inspector Of Police on 23 March, 2026

         ITEM NO.55                          COURT NO.4                 SECTION II-C
    
                                   S U P R E M E C O U R T O F      I N D I A
                                           RECORD OF PROCEEDINGS
    
                                  Criminal Appeal   No(s).   854/2024
    
    
         ARUNKUMAR & ANR.                                                Appellant(s)
    
                                                    VERSUS
    
    
         THE STATE             REP. BY THE INSPECTOR OF POLICE           Respondent(s)
    
    
         [ONLY I.A. NOS. 36699/2026 IN CRIMINAL APPEAL NO. 854/2024 &
         36747/2026 IN CRIMINAL APPEAL NO. 862/2024 ARE LISTED UNDER THIS
         ITEM]
         IA No. 36699/2026 - GRANT OF BAIL
    
         WITH
         Crl.A. No. 862/2024 (II-C)
         IA No. 36747/2026 - GRANT OF BAIL
    
         Date : 23-03-2026 These matters were called on for hearing today.
    
         CORAM :
                             HON'BLE MRS. JUSTICE B.V. NAGARATHNA
                             HON'BLE MR. JUSTICE UJJAL BHUYAN
    
         For Appellant(s) : Mr. M.P. Parthiban, AOR
                            Ms. Priyaranjani Nagamuthu, Adv.
                            Mr. Bilal Mansoor, Adv.
                            Mr. Shreyas Kaushal, Adv.
                            Mr. S. Geyolin Selvam, Adv.
                            Mr. Alagiri K, Adv.
                            Mr. Shivansh Sharma, Adv.
                            Mr. Abhishek S, Adv.
                            Mr. Vinay Kumar Singh, Adv.
    
         For Respondent(s) :Mr. V.Krishnamurthy, Sr. A.A.G.
                            Mr. Sabarish Subramanian, AOR
    Signature Not Verified
                            Mr. Vishnu Unnikrishnan, Adv.
    Digitally signed by
    NEETU SACHDEVA
    Date: 2026.03.23
                            Ms. Azka Sheikh Kalia, Adv.
    16:39:35 IST
    Reason:
    
    
    
    
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            UPON hearing the counsel the Court made the following
                               O R D E R
    

    I.A No. 36699/2026 in Criminal Appeal No. 854/2024 and
    I.A No. 36747/2026 in Criminal Appeal No. 862/2024

    These interlocutory applications for grant of

    SPONSORED

    suspension of sentence have been filed in the criminal

    appeals challenging the judgment dated 18.10.2022 passed by

    the High Court of Madras, in Crl.A No. 36/2022, whereby the

    appellants’ appeal against the order of the Sessions Judge

    (Fast Track Mahila Court), Krishnagiri District dated

    28.12.2021 was dismissed.

    The appellants faced trial in connection with a crime

    registered pursuant to FIR No. 425/2016 dated 10.09.2016

    lodged with P.S. Sulagiri, District Krishnagiri in respect

    of the offences punishable under Section 304B of the Indian

    Penal Code (IPC), as regards the appellants in Criminal

    Appeal No. 862/2024 herein, and under Sections 304B read

    with 109 of the IPC as regards the appellants in Criminal

    Appeal No. 854/2024 herein. Section 498A of the IPC was

    added as regards the appellants in Criminal Appeal No.

    862/2024 subsequently.

    By judgment dated 28.12.2021 in Sessions Case No.

    95/2019, the Sessions Judge, Fast Track Mahila Court,

    Krishnagiri, convicted the appellants in Criminal Appeal

    No. 854/2024 herein of the offences under Sections 304B

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    read with 109 of the IPC and awarded a sentence of ten

    years of rigorous imprisonment for the offences under

    Sections 304B read with 109 of the IPC. The Sessions Judge,

    Fast Track Mahila Court, Krishnagiri also convicted the

    appellants in Criminal Appeal No. 862/2024 of the offences

    under Sections 304B and 498A of the IPC and awarded a

    sentence of two years rigorous imprisonment and a fine of

    Rs. 3,000/- (Rupees Three Thousand Only), in default to

    undergo six months imprisonment in respect of the offence

    under Section 498A and awarded a sentence of ten years

    rigorous imprisonment in respect of the offence under

    Section 304B of the IPC.

    The appellants being aggrieved by the order of

    conviction passed by the trial court, filed Crl.A. No.

    36/2022 before the High Court of Madras. The High Court, by

    the impugned order dated 18.10.2022, dismissed the appeal

    filed by the appellants seeking to set aside the order of

    conviction passed by the trial court.

    This Court, by order dated 04.12.2023, issued notice

    in both the criminal appeals. During the pendency of

    Criminal Appeal No. 854/2024 and Criminal Appeal No.

    862/2024, the instant interlocutory applications bearing

    I.A No. 36699/2026 in Criminal Appeal No. 854/2024 and I.A

    No. 36747/2026 in Criminal Appeal No. 862/2026 have been

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    preferred by the respective appellants seeking suspension

    of sentence during the pendency of the criminal appeals

    before this Court.

    We have heard learned counsel for the appellants and

    learned counsel for the State and perused the material on

    record.

    Learned counsel for the appellants (who are accused

    no.4 and accused no.2 respectively in these appeals)

    submitted that these appellants are women who have also

    been convicted by the Sessions Court; that they have been

    in jail for four years three months and eight days as

    actual term but with remission they have completed five

    years, which is more than 50% of the sentence imposed on

    them. These appellants have a good case on merits. This

    Court has granted leave on 09.02.2024 for consideration of

    the appeals on merits and the final hearing of these

    appeals may take considerable time. In the circumstances,

    this Court may consider suspension of sentence and grant of

    bail to the applicants, who are women.

    Per contra, learned counsel for the respondent/State

    submitted that although the leave has been granted but

    having regard to the conviction by the Sessions Court

    which has been affirmed by the High Court, the appellants

    may not be entitled to any relief at this stage and

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    possibly this Court may notify the appeals for final

    hearing and hence the applications may be dismissed.

    Considering the facts on record, in our view, the

    case for suspension of sentence is made out.

    We, therefore, allow these applications and direct

    as under:

    “The appellants shall be produced before the

    concerned trial Court as early as possible and

    the trial Court shall release them on bail,

    subject to such conditions as it may deem

    appropriate.”

    The appellants shall appear before the concerned

    Court as and when directed to do so.

    It is directed that the appellants shall extend

    complete cooperation in the hearing of the appeals

    before this Court. The appellants shall not misuse their

    liberty in any manner.

    Any infraction of the conditions may entail

    cancellation of the suspension of sentence granted to

    the appellants.

    With these observations, the interlocutory

    applications are allowed.

    (NEETU SACHDEVA)                                           (DIVYA BABBAR)
    ASTT. REGISTRAR-cum-PS                                   COURT MASTER (NSH)
    
    
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