HC refuses to suspend sentence of history-sheeter in ganja case

Madurai: Courts are obligated to protect the rights of the accused but at the same time they are also answerable to the victims, Madras high court has observed. The court then dismissed a history-sheeter’s application seeking suspension of sentence imposed by a trial court in a case for possession of ganja, after considering the fact that several cases including murder are pending against him.According to the prosecution, Saba alias Sabarathinam was arrested by the police for possession of 42kg ganja in a car in 2020. In 2024, the special court for NDPS Act cases, Madurai, convicted and sentenced him to 14 years rigorous imprisonment. Challenging the conviction, he preferred a criminal appeal along with an application seeking suspension of sentence.Justice B Pugalendhi observed that no doubt, the petitioner is in jail for nearly four years in this case and the appeal filed by him, though admitted by the court in June 2024, has not been taken up for final disposal.

The petitioner’s personal liberty has been curtailed to some extent. However, the judge took note of the fact that the petitioner is an A+ category history sheeter and a notorious gang leader in Madurai who is implicated in 23 other cases, out of which, seven murder cases are pending for trial.

The judge observed that the existence of antecedents alone cannot be a ground to reject bail. However, it is also a settled position that prior antecedents is a relevant consideration along with other factors such as the nature and gravity of offence, the materials available as against the accused, the previous conduct of the accused and whether there is a strong and compelling reason for the grant of bail.

The court is duty bound to consider all these factors while considering the application of the petitioner.Considering the overall factors such as the serious nature of allegations against the petitioner, his prior antecedents, his previous conduct of delaying trial in the other cases pending against him, the court is not inclined to entertain the application for suspension of sentence, the judge observed and dismissed the petition.