S.Gajendran v. State By, Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.05.2025
CORAM
THE HONOURABLE MR.JUSTICE N.SENTHIL KUMAR in Crl.A.No.510 of 2025 S.Gajendran ... Petitioner / Accused Vs.
State rep by Inspector of Police, Vigilance and Anti-Corruption, Chennai 600 016.
... Respondent /Complainant Prayer: Criminal Miscellaneous Petition has been filed under Section 430(1) of the Bharatiya Nagarik Suraksha Sanhita praying to suspend the sentence imposed in the judgement dated 13.05.2025 made in C.C.No.1 of 2018 on the file of the learned Special Court for the cases under Prevention of Corruption Act at Chennai1-104.
For Petitioner : Mr.G.Mohana Krishnan For Respondent : Mr.S.Vinoth Kumar G.A. (Crl.Side)
ORDER
This Criminal Miscellaneous Petition has been filed seeking to suspend the sentence of imprisonment dated 13.05.2025 made in C.C.No.1 of 2018 on 1/6
the file of the learned Special Court for the cases under Prevention of Corruption Act at Chennai1-104 pending disposal of the above Criminal Appeal and enlarge the petitioner on bail.
2.The petitioner/Accused in C.C.No.01 of 2018 was convicted by the Trial Court by judgement dated 13.05.2025 for the offence under Section 7 of the Prevention of Corruption Act, 1988 and was sentenced to undergo four years rigorous imprisonment and to pay a fine of Rs.50,000/- in default to undergo 3 months simple imprisonment and for the offence under Section 13(2) r/w 13(1)(d) of the P.C.Act and sentenced to undergo 5 years rigorous imprisonment and to pay a fine of Rs.50,000/- in default to undergo 3 months simple imprisonment and ordered the sentences to run concurrently. Aggrieved by the same, the petitioner preferred appeal in Crl.A.No.510 of 2025, before this Court along with the instant miscellaneous petitions seeking suspension of sentence and bail.
3.The learned counsel for petitioner submitted that the petitioner has raised substantial grounds in the appeal, which requires consideration and prayed for granting suspension of sentence to the petitioner. 2/6
4.Heard the learned Additional Public Prosecutor appearing for the respondent.
5.Considering the fact that there are substantial grounds raised in the above appeal, which requires consideration and since the appeal is not likely to be taken up in the near future, this court is inclined to grant the relief of suspension of sentence to the petitioner.
6. Accordingly, this criminal miscellaneous petition stands allowed and the sentence imposed on the petitioner is suspended till the disposal of the above Criminal Appeal and the petitioner is ordered to be released on bail on the following conditions:
(i) The petitioner shall execute his own bond for a sum of Rs.10,000/-, to the satisfaction of the learned Special Court for the cases under Prevention of Corruption Act at Chennai1-104; (ii)The petitioner shall affix his photograph and Left Thumb Impression in the surety bond and the trial Court may obtain a copy of his Aadhar card or Bank pass Book and mobile numbers to ensure his identity; and (iii)The petitioner shall appear before the trial Court on the first 3/6
working day of every month at 10.30 a.m. until the disposal of the appeal and if he is not able to appear before the trial Court on any day, he shall make arrangements to file an application under Section 317 Cr.P.C. and shall appear before the trial Court on any other day in lieu of the date of his absence, as directed by the trial Court.
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Note:-
1. Registry is directed to forthwith upload this order in the official website of this Court.
2. All concerned to act on this order being uploaded in official website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in official website of this Court will be watermarked and will also have a QR code.
To
1. The Special Court for the cases under Prevention of Corruption Act at Chennai1-104 2.The Inspector of Police, Vigilance and Anti-Corruption, Chennai City - II Detachment, Chennai.
3.The Public Prosecutor, High Court, Madras.
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N.SENTHIL KUMAR, J.
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