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Madras High CourtCRL MP/242/2018relaxed

Smt.M.Qamarunisa, v. The State Rep By,

2018-01-23Honourable Dr Justice G. Jayachandran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Twenty Third day of January Two Thousand Eighteen PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL MISCELLANEOUS PETITION No.242 of 2018 IN CRL A.608/2016 SMT.M.QAMARUNISA, [ PETITIONER ] Vs THE STATE REP BY, [ RESPONDENT ] THE DEPUTY SUPERINTENDENT OF POLICE, CENTRAL BUREAU OF INVESTIGATION, CHENNAI.

CR.NO.RCMAI/2012/A0036.

Petition praying that in the circumstances stated therein the High Court will be pleased to relax the condition imposed on the petitioner/Appellant in Crl.M.P.No.8240 of 2016 in Crl.A.No.608 of 2016 dated 05.08.2016 shall report before the Learned XIV Additional Special Judge for CBI Cases, Chennai first working day of every month at 10.30 A.m.until further orders and thus render justice. [CRL.MP.NO.242/2018] Order : This petition coming on for orders upon perusing the petition and upon hearing the arguments of M/S.C.D.JOHNSON 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 appellant is the 3rd accused in C.C.No.26/2013 being held guilty and convicted for the offence under Sections 120(b) 409, 466 and 471 IPC r/w Section 13(2) of Prevention of Corruption Act, 1988.

2. This Court, while entertaining the appeal against conviction, had suspended the sentence on 05.08.2016 on condition that the petitioner shall appear before the trial Court on the first working day of every month until further orders.

3. The present petition is filed to relax the said condition on the ground that due to the above condition, the petitioner is unable to attend her family affairs. More particularly, to search alliance to her daughter, she requires time and the condition imposed against her for the same.

4. The learned Special Public Prosecutor submits that since the date of condition imposed on the petitioner, she is scrupulously complying the condition and therefore, the condition may be modified

as imposed.

5. Considering the submission made by the learned Special Public Prosecutor, this Court modifies the condition imposed vide order dated 05.08.2016, to the effect that the petitioner shall report before the learned XIV Additional Special Judge for CBI Cases, Chennai once in three months starting from February, 2018 at 10.30 a.m. until further orders.

-sd/- 23/01/2018 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 XIV ADDITIONAL SPECIAL JUDGE FOR CBI CASES,CHENNAI 2 THE SPECIAL PUBLIC PROSECUTOR FOR CBI CASES 3 THE XIII ADDITONAL SPECIAL JUDGE FOR CBI CASES,CHENNAI 4 THE STATE REP BY, THE DEPUTY SUPERINTENDENT OF POLICE, CENTRAL BUREAU OF INVESTIGATION, CHENNAI.

+1 C.C. to M/S.C.D.JOHNSON Advocate on payment of necessary charges SR.NO. 1621 Order in CRL MP.242/2018 in CRL A.608/2016 Date :23/01/2018 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RD 25/01/2018