Shri Oruganti Sridhar @ O.Sridhar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.03.2024

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA in Crl.A.No.303 of 2024 Shri Oruganti Sridhar @ O.Sridhar ... Petitioner/Appellant Vs.

The State represented by, The Additional Superintendent of Police, SPE:CBI:ACB:Chennai.

(Crime No.RC.MA1,2010.A0038 of SPE:CBI:ACB/Chennai, dated 30.09.2010) ... Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 389(1) of Cr.P.C., pleased to suspend the sentence imposed in judgment dated 12.02.2024 in C.C.No.2 of 2012, on the file of the learned IX Additional Special Judge for CBI Cases, Chennai and enlarge the petitioner on bail. For Petitioner : Mr.S.Thiruvengadam For Respondent : Mr.K.Srinivasan Special Public Prosecutor for CBI 1/6

O R D E R

This Criminal Miscellaneous Petition has been filed by the petitioner/appellant (A3), seeking suspension of sentence, imposed by the learned IX Additional Special Judge for CBI Cases, Chennai, vide judgment in C.C.No.2 of 2012 dated 12.02.2024.

2. The conviction and sentence imposed against the petitioner/appellant is as follows:- Under Section Sentence 420 IPC one year simple imprisonment and a fine of Rs.10,000/-, in default, to undergo three months simple imprisonment.

13(2) r/w 13(1) of the Prevention of Corruption Act, 1988 one year simple imprisonment and a fine of Rs.10,000/-, in default, to undergo three months simple imprisonment.

The Sentences shall run concurrently

3. According to the learned counsel for the petitioner/appellant, there are arguable points available in the Criminal Appeal, which is not likely to be taken for final hearing in the near future and the petitioner/appellant has got a fair chance of succeeding in the Criminal Appeal and hence, the 2/6

sentence imposed against the petitioner/appellant may be suspended and the petitioner/appellant may be enlarged with bail. He further submitted that the petitioner has deposited the fine amount before the Court concerned and further, the trial Court, while convicting the petitioner, has suspended the sentence till 12.03.2024.

4. Learned Special Public Prosecutor for CBI appearing for the respondent submitted that the prosecution has proved the case beyond reasonable doubts and the trial Court, on finding that the petitioner/appellant guilty, convicted him as stated above. Therefore, he opposed for grant of suspension of sentence.

5. Heard the learned counsel for the petitioner/appellant and Special Public Prosecutor for CBI appearing for the respondent and perused the materials on record.

6. Considering the facts and circumstances of the case and also considering the submissions made by the learned counsel for the petitioner/appellant, this Court is of the view that the sentence of 3/6

imprisonment can be suspended on certain conditions. Accordingly, till the disposal of the Criminal Appeal, suspension of sentence is granted, on the following conditions :- i. The petitioner/appellant shall execute bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only), with two sureties, each for a like sum to the satisfaction of the learned IX Additional Special Judge for CBI Cases, Chennai;

ii. The petitioner/appellant shall appear before the trial Court on the first working day of every English Calendar month at 10.30 a.m., until further orders.

7. Accordingly, the Criminal Miscellaneous Petition stands ordered.

12.03.2024 Note : Issue order copy today (12.03.2024) ham 4/6

To

1. The IX Additional Special Judge for CBI Cases, Chennai.

2. The Additional Superintendent of Police, SPE:CBI:ACB:Chennai.

3. The Special Public Prosecutor for CBI, High Court of Madras.

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A.D.JAGADISH CHANDIRA, J.

ham in Crl.A.No.303 of 2024 12.03.2024 2/2 6/6