Mr.M.Yuvarajan, v. State Rep By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Friday, the Fifth day of January Two Thousand Eighteen PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL MISCELLANEOUS PETITION No.112 of 2018 IN CRL A.817/2017 M.YUVARAJAN, [ PETITIONER/APPELLANT] Vs STATE REP BY, [ RESPONDENT ] INSPECTOR OF POLICE, CBI/EOW/CHENNAI.
Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in Criminal APPEAL No.817 OF 2017 on the file of the High Court, the High Court will be pleased to suspend the sentence dated 20.12.2017 made in C.C.No.07 of 2013 by the Learned XII Additional Special Judge for CBI Cases FTC XI Additional Special Sessions Judge for CBI Cases (Relating to Bank and Financial Institutions),Chennai-600 001, pending disposal of the above Crl.A.No.817/2017.
Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in Crl.A.No.817 of 2017 on the file of the High Court and upon hearing the arguments of M/S.A.G.RAJAKUMAR, Advocate for the petitioner and of MR. K.SRINIVASAN, SPECIAL PUBLIC PROSECUTOR FOR CBI CASES, on behalf of the Respondent the court made the following order:- This petition has been filed to suspend the sentence of imprisonment imposed in the judgment dated 20.12.2017 made in C.C.No.07 of 2013 on the file of the learned XII Additional Special Sessions Judge for CBI Cases FAC XI Additional Special Sessions Judge for CBI Cases, Chennai and enlarge the petitioner on bail, convicted and sentenced the petitioner as under:
Conviction Sentence under Section Section 120 B r/w 420, 201, 409, 419, 465, 467, 468 &471 IPC and Section 13(2) r/w 13(1)(d) of PC Act, 1988 and Six months rigorous imprisonment and to pay a fine of Rs.10,000/- in default to undergo simple imprisonment one month.
Three years rigorous imprisonment and to pay a fine of Rs.50,000/- in default to undergo simple imprisonment six months.
Section 420 IPC (3 Counts) Two years rigorous imprisonment and to pay a fine of Rs.50,000/- for each offence, in default to undergo simple imprisonment for two months.
Section 468 IPC (4 Counts), 467 IPC (3 Counts), 465 IPC (4 Counts) 471 r/w 468 IPC (4 Counts) Six months rigorous imprisonment and to pay a fine of Rs.10,000/- in default to undergo simple imprisonment for one month.
Section 201 IPC One year rigorous imprisonment and to pay a fine of Rs.10,000/- in default to undergo simple imprisonment for three months.
Section 419 IPC
2. Challenging the same, the present appeal has been filed along with this petition for suspension of sentence.
3. Taking into consideration of the submission of the learned counsels appearing on both sides, since there are some arguable points available in the appeal, I am inclined to pass the following orders: The substantive sentence imposed against the petitioner alone is suspended on condition that i) the petitioner shall execute a bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two sureties each for a like sum to the satisfaction of the learned XII Additional Special Sessions Judge for CBI Cases FAC XI Additional Special Sessions Judge for CBI Cases, Chennai, within a period of two weeks from the date of receipt of a copy of this order and also
(ii) the petitioner shall appear before the above said Court on the first working day of every English calendar month, at 10.30 am, until further orders.
-sd/- 05/01/2018 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 THE XII, ADDITIONAL SPECIAL SESSIONS JUDGE, FOR CBI CASES, FAC XI ADDITIONAL SPECIAL SESSIONS JUDGE, FOR CBI CASES, CHENNAI.
2 THE SPECIAL PUBLIC PROSECUTOR FOR CBI CASES, HIGH COURT, MADRAS.
3 THE INSPECTOR OF POLICE, CBI/EOW/CHENNAI.
+1 C.C. to M/S.A.G.RAJAKUMAR Advocate on payment of necessary charges-Sr.217 Order in CRL MP.112/2018 in CRL A.817/2017 Date :05/01/2018 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format ths : 05.01.2018