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Supreme Court - Daily Orders

V. Sivasamy vs The State Rep. By Inspector Of Police on 27 March, 2023

Author: Sanjay Kumar

Bench: Sanjay Kumar

     ITEM NO.1718                                COURT NO.6                      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

     SPECIAL LEAVE PETITION (CRIMINAL)…………... Diary No(s).36937/2022

     V. SIVASAMY                                                                Petitioner(s)

                                                      VERSUS

     THE STATE REP. BY INSPECTOR OF POLICE                                      Respondent(s)

     (FOR ADMISSION and IA No.54936/2023-EXEMPTION FROM FILING O.T. and
     IA No.54939/2023-EXEMPTION FROM SURRENDERING WITHIN TIME and IA
     No.54940/2023-CONDONATION OF DELAY IN REFILING/CURING THE DEFECTS)

     Date : 27-03-2023 This petition was called on for hearing today.

     CORAM :
                            HON'BLE MR. JUSTICE SANJAY KUMAR
                                              [IN CHAMBER]

     For Petitioner(s)                   Ms. M. Venmani , AOR

     For Respondent(s)

                             UPON hearing the counsel, the Court made the following
                                                O R D E R
IA No.54939/2023

Ms. M. Venmani, learned counsel, states that the fine amount of ₹3500/- has already been paid.

In that view of the matter IA No.54939/2023 is allowed to the extent of exempting the applicant from surrendering, pursuant to his conviction and sentence under Sections 279 and 304(A) of IPC, until further orders, subject to the applicant furnishing a personal bond for a sum of ₹5000/- (Rupees Five Thousand) along with two sureties for a like sum each to the satisfaction of the Signature Not Verified Digitally signed by ARJUN BISHT Date: 2023.03.29 learned Judicial Magistrate No.8, Coimbatore, within four weeks. 16:17:23 IST Reason:

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The condition imposed by this Court with regard to furnishing sureties is to secure the presence of the applicant, if the need arises in future, by treating the case on par with a regular appeal against conviction under the Code of Criminal Procedure, 1973, and the conditions usually imposed if the conviction order is suspended pending the appeal and bail is granted. The physical presence of the applicant may not be insisted upon by the Court concerned at the time of furnishing and verification of sureties.
(ARJUN BISHT)                                   (RANJANA SHAILEY)
COURT MASTER (SH)                               COURT MASTER (NSH)




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