E.Vijayan v. State Of Tamilnadu Rep.By

in Crl.A.No.795 of 2015 Dr.G.JAYACHANDRAN, J.

This petition has been filed to suspend the sentence passed by the learned Special Judge (Special Court for Trial of cases under the Prevention of Corruption Act) Salem, in Spl.C.C.No.69 of 2014 dated 15.12.2015, which was cancelled by the order dated 23.02.2023 and enlarge the petitioner on bail pending disposal of the above Criminal Appeal.

2.

The petitioner/accused who was found guilty for the offence under Sections 7, 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, filed an appeal in Crl.A.No.795 of 2015 and got suspension of sentence. When the mater was taken up for final disposal after eight years, the learned counsel appearing for the petitioner/accused was not ready. Hence, this Court recording the non appearance of the learned counsel, by an order dated 23.02.2023, cancelled the order of granting suspension of sentence and also appointed Legal Aid counsel to represent the petitioner/accused.

3.

Now the petitioner/accused has taken up this petition in Crl.M.P.No.3627 of 2013 to recall the said order dated 23.02.2023, and to suspend the sentence and enlarge the petitioner on bail. 4.

Today, Mr. M.Nallathambi, appointed as legal aid counsel is present. The learned counsel engaged by the appellant filed this application to suspend the sentence and recall the order dated 23.02.2023. When the learned counsel asked to argue the appeal, so that it can be disposed of, he is not ready to conduct the appeal. 5.

This Court finds no genuine reason for non conducting the appeal by the learned counsel appearing for the petitioner/accused, even after recording his non-appearance on earlier occasion. Hence, this Court is not inclined to allow this petition and this Criminal Miscellaneous Petition in Crl.M.P.No.3627 of 2023, to recall the order dated 23.02.2023, is dismissed.

14.03.2023 (1⁄2) rts

Dr.G.JAYACHANDRAN, J.

rts in Crl.A.No.795 of 2015 14.03.2023