Madras High CourtCRL MP/10920/2016ordered

M.Sivakumar, M/49 Years v. The State Of Tamil Nadu Rep By

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

Crl.M.P.No.10920 of 2016 in Crl.A.731 of 2016 P.VELMURUGAN, J.

The petitioner, has filed this petition to suspend the execution of sentence and conviction dated 21.09.2016 passed in Spl.Case.No.02 of 2016 on the file of the Special Court, Prevention of Corruption Cases/Chief Judicial Magistrate Court, Perambalur.

2. It is seen from the Judgment made by the Chief Judicial Magistrate Court, Perambalur, the petitioner is convicted for the offence under Section 7 of the Prevention of Corruption Act, 1988 and was sentenced to undergo one year rigorous imprisonment and to pay fine of Rs.1,000/- in default to undergo three months simple imprisonment. He was also convicted under Section 13(2) R/W 13(1)(D) Prevention of Corruption Act 1988 and sentenced to undergo one year rigorous imprisonment and pay fine of Rs.1,000/- in default to undergo three months simple imprisonment and the sentences were ordered to run concurrently.

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 Chief Judicial Magistrate Court, Perambalur, 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 ub

P.VELMURUGAN, J.

ub Crl.M.P.No.10920 of 2015 in Crl.A.No.731 of 2015 20.10.2016