Hariniwashini, (Female/39 Yrs) v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Wednesday, the Eighteenth day of January Two Thousand Seventeen PRESENT The Hon`ble Mr Justice S.BASKARAN CRIMINAL MISCELLANEOUS PETITION No.737 of 2017 IN CRL A.29/2017 HARINIWASHINI, [ PETITIONER ] Vs 1 THE INSPECTOR OF POLICE [ RESPONDENT ] SPE/CBI/ACB,CHENNAI.
Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in Criminal Appeal No.29/2017 on the file of the High Court, the High Court will be pleased to suspend the sentence imposed upon the petitioner in C.C.No.14 of 2007 by the learned XI Additional Special Judge for CBI Cases at Chennai on 20/12/2016 and enlarge the petitioner/appellant on bail, pending disposal of the above criminal appeal.
Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in Crl. Appeal No.29/2017 on the file of the High Court and upon hearing the arguments of MR.M/S.V.KRISHNAMOORTHY Advocate for the petitioner and of MR.K.SRINIVASA SPECIAL PUBLIC PROSECUTOR FOR CBI CASES on behalf of the Respondent the court made the following order:- The petitioner, who is the 5th accused in Special C.C.No.14 of 2007 on the file of XI Additional Special Judge for CBI cases, Chennai, seeks suspension of sentence, against the sentence imposed, by judgment dated 20.12.2016, by granting her appeal bail under Section 389(1) Cr.P.C., pending disposal of the above appeal.
2. After trial, petitioner/appellant, was convicted and sentenced as under:- Under Section 120-B, 420, 471 r/w 468 of IPC, sentenced to undergo 3 years Rigorous imprisonment and to pay a fine of Rs.18,00,000/- for each offence (totally Rs.54,00,000/-), in default to undergo 6 months simple imprisonment.
3. The learned counsel for the petitioner submitted that the petitioner/appellant has a fair chance of success in the appeal and there are triable issues in the main criminal appeal. He also submitted that the petitioner has paid the fine amount of Rs.54,00,000/- before the trial court and the sentence of imprisonment has been suspended till 19.01.2017. In the circumstances, she may be granted bail.
4. Heard the learned Special Public Prosecutor appearing for the State.
5. I have considered the rival submissions, perused the judgment of the trial court and the evidence pointed out by either side.
6. Considering the facts and circumstances of the case, I find that some arguable points are involved in this criminal appeal, which are required to be examined in detail. Accordingly, I am inclined to grant the following relief:- (a) Appeal bail is granted to the petitioner/appellant. (b) Her sentence of imprisonment alone is suspended on condition that the petitioner executes a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of learned XI Additional Special Judge for CBI cases, Chennai;
(c) Petitioner/appellant shall report before the said court on the first working day of every month at 10.30 am., until further orders.
-sd/- 18/01/2017 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 JUDGE FOR CBI CASES, CHENNAI 2 THE SPECIAL PUBLIC PROSECUTOR FOR CBI CASES, 3 THE INSPECTOR OF POLICE SPE/CBI/ACB,CHENNAI.
+1 C.C. to M/S.V.KRISHNAMOORTHY Advocate on payment of necessary charges SR.NO. 1123 Order in CRL MP.737/2017 in CRL A.29/2017 Date :18/01/2017 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RD 19/01/2017