Crl.MP.No.13740 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14.07.2025 CORAM: THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.M.P.No.13740 of 2025 in Crl.A.No.906 of 2025 Vijayakumar ...Petitioner Vs. The State rep. By The Inspector of Police, Fairlands Police Station, Salem District crime No.150 of 2023 ... Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 430(1) of BNSS, praying to suspend the sentence imposed that to undergo one year imprisonment in Spl.CC.No.43 of 2024 on the file of the Special Judge for EC & NDPS Act Cases, Salem by judgment dated 27.01.2025, pending appeal before this Court. For Petitioner : Mr.B.Vasudevan For Respondent : Mr.S.Raja Kumar, Additional Public Prosecutor 1/6 https://www.mhc.tn.gov.in/judis Crl.MP.No.13740 of 2025 ORDER This Criminal Miscellaneous Petition has been filed praying to suspend the sentence imposed that to undergo one year imprisonment in Spl.CC.No.43 of 2024 on the file of the Special Judge for EC & NDPS Act Cases, Salem by judgment dated 27.01.2025, pending appeal before this Court. 2. The petitioner is the accused in Spl.CC.No.43 of 2024 on the file of the Special Judge for EC & NDPS Act Cases, Salem. He was found guilty of the offences under Section 8(c) r/w 20(b)(ii)(B) of NDPS Act and he has been convicted and sentenced as under: S.No. Conviction Sentence 1 Section 8(c) r/w 20(b)(ii)(B) of NDPS Act to undergo one year rigorous imprisonment and to pay fine of Rs.10,000/-, in default to undergo three months simple imprisonment Aggrieved by the same, the petitioner has filed criminal appeal along with the present miscellaneous petition. 3. The learned counsel for the petitioner/accused would submit 2/6 https://www.mhc.tn.gov.in/judis Crl.MP.No.13740 of 2025 that there are arguable points available in the Criminal Appeal and the petitioner/accused has got a fair chance of succeeding in the Criminal Appeal and hence, the substantive sentence imposed against the petitioner/accused may be suspended. He would submit that the petitioner is ready to abide the condition imposed by this Court. 4. Per contra, the learned Additional Public Prosecutor appearing for the respondent/State raised serious objection for allowing this petition. Further, he would contend that the evidences recorded from the prosecution witnesses would prove the case of the prosecution beyond reasonable doubt. According to him, interference of this Court is not necessary in the findings arrived at by the trial Court. 5. Heard the learned counsel appearing on either side and also perused the materials placed on record. 6. Considering the facts and circumstances of the case coupled with the quantum of punishment imposed upon the petitioner, also by 3/6 https://www.mhc.tn.gov.in/judis Crl.MP.No.13740 of 2025 considering the submissions of the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent police, further this criminal appeal is not likely to be taken for final hearing in the near future, this Court is of the view that the substantive sentence of imprisonment alone can be suspended on certain conditions. 7. 7. Accordingly, till the disposal of the Criminal Appeal, the substantive sentence of imprisonment imposed by the learned trial Judge is alone suspended and bail are granted on the following conditions: (a) The petitioner/accused 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 learned Special Judge for EC & NDPS Act Cases, Salem (b) The petitioner/accused and the sureties shall affix their photographs and Left Thumb Impressions in the surety bonds and the Magistrate may obtain a copy of their Aadhaar Cards or Bank Pass Books to ensure their identities. (c) The petitioner shall appear before the Trial Court daily at 10.30 a.m. for a period of 30 days and thereafter appear before the trial court on the first working day of every English 4/6 https://www.mhc.tn.gov.in/judis Crl.MP.No.13740 of 2025 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 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. 8. With the above directions, this Criminal Miscellaneous Petition is ordered. 14.07.2025 (2/2) Index : Yes/No Neutral citation : Yes/No Speaking/non-speaking order lok 5/6 https://www.mhc.tn.gov.in/judis Crl.MP.No.13740 of 2025 G.K.ILANTHIRAIYAN, J. lok To 1.The learned Special Judge for EC & NDPS Act Cases, Salem 2.The Inspector of Police, Fairlands Police Station, Salem District 3.Central Jail, Salem 4.The Public Prosecutor, Madras High Court. Crl.M.P.No.13740 of 2025 in Crl.A.No.906 of 2025 14.07.2025 (2/2) 6/6 https://www.mhc.tn.gov.in/judis