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Madras High CourtCRL MP/10643/2016ordered

M.Gopalakrishnan, M/A-82 Years v. State By

2016-10-20Honourable Mr Justice P. Velmurugan3 pages

Crl.M.P.No.10643 of 2016 in Crl.A.724 of 2016 P.VELMURUGAN, J.

The petitioner, has filed this petition to suspend the execution of sentence and conviction dated 29.09.2016 passed in C.C.No.29 of 1999 on the file of the Learned Principal Special Judge for CBI Cases, Chennai and release him on bail pending the Criminal Appeal.

2. It is seen from the Judgment made by the Learned Principal Special Judge for CBI cases, Chennai, the petitioner is convicted for the offence under Section 13(2) R/W 13(1)(d) Prevention of Corruption Act 1988 and was sentenced to undergo one year rigorous imprisonment and to pay fine of Rs.10,000/- in default to undergo three months simple imprisonment.

3. The learned counsel appearing for the petitioner submitted and that the petitioner has a fair chance of success in the appeal and prayed for his sentence to be suspended.

4. The learned Additional Public Prosecutor submitted that the petitioner is responsible for the offence committed.

5. Considering the fact that there are arguable points involved in the appeal and further, the appeal is not likely to be taken up for final hearing in the near future, this Court is inclined to grant the relief of suspension of sentence to the petitioner.

6. Accordingly, the substantive sentence of imprisonment alone is suspended and the petitioner is directed to be enlarged on bail on condition that he shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a likesum to the satisfaction of the Learned VIII Additional Principal Special Judge for CBR Cases, Chennai, within a period of 15 days from the date of receipt of a copy of this order and on further condition that the petitioner shall report before the concerned Court on the first working day of every month at 10.30 a.m. till the disposal of the appeal.

20.10.2015 (1/2) ub

P.VELMURUGAN, J.

ub Crl.M.P.No.10643 of 2016 in Crl.A.No.724 of 2016 20.10.2016 (1/2)