The Hindu : Tamil Nadu News : High Court lays down new rule for suspension of sentence

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Tamil Nadu

High Court lays down new rule for suspension of sentence

Mohamed Imranullah S.

Division Bench makes it mandatory for convicted persons to file sworn affidavits

MADURAI: The Madras High Court has laid down a new rule making it compulsory for persons convicted by trial courts to file sworn affidavits while approaching the High Court for suspension of sentence pending adjudication of their criminal appeals.

This is to curb the practice of playing a fraud on the High Court in filing fresh petitions for suspension of sentence, imposed by the trial courts, by suppressing dismissal/disposal of similar petitions filed some time ago.

A Division Bench, comprising Justice D. Murugesan and Justice M. Sathyanarayanan, had come across many such fraudulent petitions while hearing criminal appeals along with sub-applications for suspension of sentence in the Madurai Bench.

In one case, they found that a woman murder convict had filed a petition to suspend her sentence though she was granted a similar relief by the High Court as early as January 31, 2006.

Then, she did not avail herself of the benefit due to non-production of sureties.

In another case, a life convict from Keelakarai in Ramanathapuram had filed a criminal appeal along with a miscellaneous petition for suspending his sentence though his appeal challenging the conviction was dismissed a year ago.

The Division Bench held that it was necessary to file sworn affidavits along with petitions for suspension of sentence in order to prosecute the offenders for perjury.

Prison superintendents as well as other officers-in-charge had been directed to attest the affidavits after verifying whether any appeal/petitions had already been filed at the instance of the appellants/petitioners as per the registers maintained by them.

It has also been ordered to circulate a copy of the new rule to all Bar Associations for compliance.

The High Court Registry has been directed not to accept any application for suspension of sentence filed without a supporting affidavit.

Section 209 of the Indian Penal Code states that whoever fraudulently or dishonestly makes a false claim in a court of justice shall be punished with imprisonment for a term which may extend to two years and shall also be liable to fine.

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