Madras High CourtCRL MP/14691/2017allowed

R.Rahim Basha, M/A.59 Years v. State Rep By

2017-11-23Honourable Dr Justice G. Jayachandran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twenty Third day of November Two Thousand Seventeen PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL MISCELLANEOUS PETITION No.14691 of 2017 IN CRL A.742/2017 R.RAHIM BASHA, [ PETITIONER/APPELLANT/ACCUSED] Vs STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, V AND AC, CC-III, CHENNAI.

Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in Criminal APPEAL No.742 OF 2017 on the file of the High Court, the High Court will be pleased to suspend the sentence by enlarging the petitioner on bail by the Learned Special Judge for the cases under Prevention of Corruption Act at Chennai in C.C.No.96 of 2011 dated 07.11.2017. Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in Crl.A.No.742 of 2017 on the file of the High Court and upon hearing the arguments of MR.P.EZHIL NILAVAN, Advocate for the petitioner and of MR. P.GOVINDARAJAN, ADDL. PUBLIC PROSECUTOR (V & AC) on behalf of the Respondent the court made the following order:- Seeking to suspend the sentence imposed on the petitioner/accused by the learned Special Judge, for the cases under Prevention of Corruption Act, Chennai on 07.11.2017, in C.C.No.96 of 2011 and to enlarge the petitioner/accused on bail pending disposal of criminal appeal, the petitioner/accused is before this Court with this petition.

2. Heard the learned counsel for the petitioner/accused and the learned Additional Public Prosecutor (Criminal Side) appearing for the respondent.

3. The Trial Court has suspended the sentence imposed on the petitioner/accused till 06.12.2017. Since arguable points have been raised in the appeal, this criminal miscellaneous petition is allowed and the sentence passed by the Learned Special Judge, for the cases under Prevention of Corruption Act, Chennai on 07.11.2017 in C.C.No.96 of 2011, is suspended on the following conditions:-

(i) The petitioner/accused 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 Special Court, for the cases under Prevention of Corruption Act, Chennai. The time for furnishing the bond along with the sureties is 15 days.

(ii) Further, the petitioner /accused shall appear before the the Learned Special Judge, for the cases under Prevention of Corruption Act, Chennai on the first working day of every English calendar month at 10.30 a.m until further orders.

-sd/- 23/11/2017 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 SPECIAL JUDGE, FOR THE CASES UNDER PREVENTION OF CORRUPTION ACT, CHENNAI.

2 THE ADDL. PUBLIC PROSECUTOR (V & AC) HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, V AND AC, CC-III, CHENNAI.

+1 C.C. to M/S.P.EZHIL NILAVAN Advocate on payment of necessary charges-Sr.21395 Order in CRL MP.14691/2017 in CRL A.742/2017 Date :23/11/2017 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format ths : 24.11.2017