R.Sekar v. State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.02.2024
CORAM
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.M.P.No.386 of 2024 in Crl.A.No.50 of 2024 1.Shri.R.Sekar 2.Shri.K.Anwar Hussain ...
Petitioners
Versus
1. The Central Bureau of Investigation Represented by Superintendent of Police, Anti Corruption Branch Chennai .. Respondent Prayer : Criminal Miscellaneous Petition filed under section 389(i) r/w 439 of Cr.P.C., to suspend the sentence imposed upon the petitioners on 21.12.2023 in C.C.No.36 of 2011 on the file of the Principal Special Judge for CBI Cases/VIII Additional City Civil Court, Chennai till the disposal of the above Appeal and enlarge the petitioners on bail. For Petitioner ... Mr.V.S.Venkatesh For Respondent ... Mr.K.Srinivasan, Senior Counsel Special Public Prosecutor
ORDER
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This Criminal Miscellaneous Petition has been preferred seeking to suspend the sentence imposed upon the petitioners on 21.12.2023 in C.C.No.36 of 2011 on the file of the Principal Special Judge for CBI Cases/VIII Additional City Civil Court, Chennai till the disposal of the above Appeal and enlarge the petitioners on bail.
2.
The conviction and sentence imposed against the petitioners/appellants are as follows:- Rank Provisions under which convicted Sentence A1 120B IPC read with A1 found guilty and convicted for the sections 7 and 8 and offence punishable under section 120 B of Section 13(2) read with Indian Penal Code read with under section 13(1) (d) of Prevention 7, 8 and section 13 (2) read with 13 (1) (d) of Corruption Act,1988 of Prevention of Corruption Act, 1988 for - charge No.1 which sentenced to undergo four years Section 7 of Prevention rigorous Imprisonment and also to pay fine of Corruption Act, 1988 of Rs.1000/- ( Rupees one thousand) in (charge Nos.2, 4, 6, 8, default they shall undergo six months 10, 12, 14, 16 &18) simple Imprisonment for charge No.1.
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Rank Provisions under which convicted Sentence Section 13(2) read with A1 is found guilty and convicted for the 13(1) (d) of Prevention offence punishable under section 7 of of Corruption Act,1988 Prevention of Corruption Act, 1988 in (Charge Nos. 3, 5, 7, 9, seven counts (Charge no.2, 4, 6, 8, 10, 16 11, 13, 15, 17 & 19) and 18) and sentenced to undergo four years rigorous Imprisonment each count and also to pay fine of Rs.1000/- ( Rupees one thousand only) for each count in default to he shall undergo six months simple Imprisonment for each count.
A1 is found guilty and convicted for the offence punishable under section 13(2) read with 13(1)(d) of Prevention of Corruption Act, 1988 in seven counts (Charge no. 3, 5, 7, 9, 11, 17 and 19) and sentenced to undergo four years rigorous Imprisonment each count and also to pay fine of Rs.1000/- ( Rupees one thousand ) 3/10
Rank Provisions under which convicted Sentence for each count in default to he shall undergo six months Simple Imprisonment for each count.
All the sentences imposed on A1 shall run concurrently. If the fine amount is not paid, defaulted sentences shall be run consecutively.
The period of detention already undergone by A1 shall be set off under section 428 of Cr.P.C.
A2 120B IPC read with The prosecution has not proved the offence sections 7 and 8 and under section 24 (1) (c) of Emigration Act, Section 13(2) read with 1983 (charge No.51 part) against A2 and 13(1) (d) of Prevention acquitted under section 248(1) of Cr.P.C.
of Corruption Act,1988Further A2 convicted for the offence charge No.1 punishable under section 120 B of Indian Section 8 of Prevention Penal Code read with under section 7, 8 of Corruption Act, 1988 and section 13 (2) read with 13 (1) (d) of - charge No.50 Prevention of Corruption Act, 1988 for 4/10
Rank Provisions under which convicted Sentence Section 24(1)(c) & (g) which sentenced to undergo four years of Emigration Act, 1983 rigorous Imprisonment and also to pay fine - charge No.51 of Rs.1000/- ( Rupees one thousand) in default they shall undergo six months simple Imprisonment each for charge No.1.
A2 is found guilty and convicted for the offence punishable under section 8 of Prevention of Corruption Act, 1988 (Charge no.50) and sentenced to undergo four years rigorous Imprisonment and also to pay fine of Rs.1000/- (Rupees one thousand) in default he shall undergo six months Simple Imprisonment. A2 is convicted for the offence punishable under section 24 (1) (g) of Emigration Act, 1983 (Charge no.51) and sentenced to undergo one year rigorous Imprisonment and also to pay fine of Rs.1000/- (Rupees one 5/10
Rank Provisions under which convicted Sentence thousand) in default he shall undergo six months Simple Imprisonment. All the sentences imposed on A2 shall run concurrently. If the fine amount is not paid, defaulted sentences shall be run consecutively. The period of detention already undergone by A2 shall be set off under section 428 of Cr.P.C.
3. Aggrieved over the judgment of conviction and sentence imposed on the petitioners in C.C.No.36 of 2011, the petitioners/appellants have filed the present criminal appeal, along with the instant miscellaneous petition, seeking suspension of sentence and bail.
4. The learned counsel for the appellants submitted that the appellants during the investigation were arrested on 20.07.2009, taken into judicial custory and they were released on bail on 16.08.2009. The appellants have got a good case on merits. He would further submit that the first appellant is a Government Servant and the second appellant is a private person who is 6/10
alleged to have acted as a conduit to him. The money belongs to the second acccused and it has been accounted for and without there being any evidence to show that there was demand and acceptance, the Trial Court had erroneously convicted the appellants.
5. The respondent has filed their counter affidavit.
6. Mr.K.Srinivasan, the learned Senior Advocate appearing for the respondent submitted that the first accused conspiring with second accused have recieved illegal gratification by way of cash for granting Emigration Clearance. The Appellants 1 and 2 are highly influential persons in the society have committed very serious offences under Indian Penal Code and Prevention of Corruption Act, which affects the morality of the society and also the economy of the country. The Trial Court after properly appreciating the evidences let in by the prosecution have found guilty against the petitioners and opposed for grant of bail.
7. Heard the learned counsel for the appellants and learned Senior Counsel for the respondent and perused the material evidence available on record.
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8. Considering the nature of offence and the petitioners are in custody from 21.12.2023, this Court is of the view that the petitioners are entitled to the relief of suspension of sentence and bail.
9. Accordingly, the relief of suspension of sentence and bail is granted to the petitioners on the following conditions: (i) The petitioners/appellants shall execute separate bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) each with two sureties, each for a like sum to the satisfaction of the learned Principal Special Judge for CBI Cases/VIII Additional City Civil Court, Chennai; (ii) The petitioners/appellants shall appear before the trial Court on the first working day of every English Calendar month at 10.30 a.m., until further orders.
01.02.2024 dhk Internet:Yes/No Issue today on 01.02.2024 To
1. The Principal Special Judge for CBI Cases VIII Additional City Civil Court Chennai
2. The Additional Superintendent of Police, The Central Bureau of Investigation Anti-Corruption Branch 8/10
Chennai 3.The Public Prosecutor, High Court, Madras.
4. The Superintendent, Central Prison, Puzhal A.D.JAGADISH CHANDIRA, J.
dhk Crl.M.P.No.386 of 2024 in Crl.A.No.50 of 2024 9/10
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