R.Sugumar v. Additional Superintendent Of Police

Crl.M.P.No.9126 of 2023 in Crl.A.No.693 of 2023 DR.G.JAYACHANDRAN,J., This Criminal Miscellaneous Petition has been filed to suspend the sentence imposed in Special Case No.11 of 2014 on the file of the learned Special Judge and Chief Judicial Magistrate at Chengalpet, by judgment dated 05.06.2023 and to enlarge the petitioner on bail pending disposal of the criminal appeal before this Court.

2. The petitioner is the sole accused and the respondent is the complainant. On conclusion of trial, the learned Special Judge and Chief Judicial Magistrate at Chengalpet, found the petitioner guilty for the offences under Sections 7 and 13(2) read with 13(1)(d) of Prevention of Corruption Act , and convicted and sentenced as under; S.No.

Conviction Sentence Under Section 7 of PC Act 3 years Simple Imprisonment and to pay a fine amount of Rs.20,000/- in default to undergo 6 months Simple Imprisonment

S.No.

Conviction Sentence Under Section 13(2) read with 13(1)(d) of Prevention of Corruption Act 3 years Simple Imprisonment and to pay a fine amount of Rs.20,000/- in default to undergo 6 months Simple Imprisonment

3. The learned counsel for the petitioner/appellant would submit that there are arguable points available in the appeal and that the petitioner has got a fair chance of succeeding the appeal. He would also submit that the accused has paid the fine amount of Rs.40,000/- on the file of the Chief Judicial Magistrate, Chengalpet and he has also enclosed the receipt for the same. He would also submit that the suspension of sentence granted by the trial court expires on 04.07.2023. Hence, he would pray that the substantive sentences imposed against the petitioner/appellant may be suspended.

4. The learned Additional Public Prosecutor has raised objections to suspend the sentences.

5. Considering the submissions of the learned counsel for the petitioner/appellant, this Court is inclined to grant suspension of sentence. Accordingly, the substantive sentence of imprisonment alone is suspended till the disposal of the appeal, and the petitioner/appeallant is directed to be enlarged on bail subject to the following conditions; a. the petitioner/appellant shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with two sureties each for a like sum to the satisfaction of the Special Judge and Chief Judicial Magistrate at Chengalpet, within a period of one week from today and on further condition that the petitioner shall report before the concerned Court on the first and third Monday of every English calender month at 10.30 a.m., until further order.

03.07.2023 (2/2) mfa Note: Issue order copy on 03.07.2023.

DR.G.JAYACHANDRAN,J.,

mfa Crl.M.P.No.9126 of 2023 in Crl.A.No.693 of 2023 03.07.2023