Shabeer Ahmed, M/A-76 Years v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Tenth day of May Two Thousand Seventeen PRESENT The Hon`ble Mr Justice M.S. RAMESH CRIMINAL MISCELLANEOUS PETITION No.5039 of 2017 IN CRL A.208/2017 SHABEER AHMED [ PETITIONER ] Vs STATE REPRESENTED BY [ RESPONDENT ] INSPECTOR OF POLICE, CBI:ACB:CHENNAI.

[R.C.NO.41(A) 2000] Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in CRL A.208/2017 on the file of the High Court, the High Court will be pleased to suspend the sentence and conviction imposed on the petitioner herein passed by the learned court of XI Additional Special Session Judge, Chennai/Learned Session Judge for CBI cases relating to Banks and financial Institutions, Chennai-01 by Judgment dated 24.03.2017 made in C.C.62 of 2003 and enlarge the petitioner on bail pending disposal of the above CRL A.208/2017 [IN CRL.MP.NO.5039 OF 2017] Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds inCRL A.208/2017 on the file of the High Court and upon hearing the arguments of M/S.K.SHANKER, 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:- The petitioner/A2 who is the appellant, was convicted and sentenced in C.C.No.62 of 2003 dated 24.03.

Conviction u/s Sentence imposed Fine amount 13[2] r/w 13[1] [d] of PC Act, 1988 R.I. for 3 years Rs.20,000/- i/d to undergo 3 months S.I.

420 IPC R.I. for 4 years Rs.20,000/- i/d to undergo 3 months S.I.

Conviction u/s Sentence imposed Fine amount 467 IPC R.I. for 5 years Rs.20,000/- i/d to undergo 3 months S.I.

471 IPC R.I. for 4 years Rs.20,000/- i/d to undergo 3 months S.I.

The above sentences were ordered by the trial Court to run concurrently.

2. Heard the submissions made by Mr.K.Shanker, learned counsel for the petitioner as well as Mr.K.Srinivasan, learned Special Public Prosecutor [CBI cases] appearing for the State.

3. Considering the grounds raised in the memorandum of grounds of criminal appeal and also considering the fact that there are arguable points involved in this appeal, this Court is of the considered view that the substantive sentence of imprisonment alone could be suspended pending appeal.

4. Accordingly, the substantive sentence of imprisonment alone is suspended, pending disposal of the appeal and the petitioner is directed to be enlarged on bail on condition that the petitioner 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 learned XI Additional Special Judge for CBI cases, Chennai in a period of fifteen 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, once in a week i.e., on every Monday at 10.30 a.m. until further orders. -sd/- 10/05/2017 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 XI ADDITIONAL SPECIAL SESSIONS JUDGE, CHENNAI, LEARNED SESSIONS JUDGE FOR CBI CASES RELATING TO BANKS AND FINANCIAL INSTITUTIONS, CHENNAI-101.

2 THE XI ADDITIONAL SPECIAL JUDGE FOR CBI CASES, CHENNAI.

3 THE SPECIAL PUBLIC PROSECUTOR FOR CBI CASES, HIGH COURT, MADRAS. 4 THE INSPECTOR OF POLICE, CBI:ACB:CHENNAI.

[R.C.NO.41(A) 2000] 5 THE SUPERINTENDENT, CENTRAL PRISON FOR CONVICTED PRISONERS, PUZHAL, CHENNAI.

+2C.C. to M/S.K.SHANKER Advocate on payment of necessary charges SR NOS.8711, 8773 Order in CRL MP.5039/2017 in CRL A.208/2017 Date :10/05/2017 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format MK:12/05/2017