B.Muthiah v. The Central Bureau Of Investigation

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 27.07.2023 CORAM :

THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN Crl.M.P.No.10746 of 2023 in Crl.A.No.771 of 2023 B.Muthiah .. Petitioner Vs.

The Central Bureau of Investigation, Rep.through The Deputy Superintendent of Police R.C.No.4(E) 98/CBI/BS & FC/Bangalore. ..Respondent PRAYER : Criminal Original Petition has been filed under section 389(1) of Criminal Procedure Code to suspend the sentence imposed upon the petitioner by the trial Court under its Judgment dated 28.06.2023 passed in C.C.No.81 of 2001 by the Principal Special Judge for CBI Cases, VIII Additional City Civil Court at Chennai and enlarge the bail pending disposal of the above criminal appeal For Petitioner :

Mr.T.Sivananthan For Respondent :

Mr.K.Srinivasan Special Public Prosecutor (CBI)

ORDER

The petitioner herein, who is arrayed as 3rd accused in C.C.No.81 of 2001, was found guilty by the learned Principal Special Judge for CBI 1/6

Cases, VIII Additional City Civil Court, Chennai. He has been convicted and sentenced vide impugned judgment dated 28.06.2023, as below:- Rank of the accused Conviction under section Sentence Awarded A3 Charge No.1 To undergo two years Rigorous Imprisonment and pay a fine of Rs.10,000/- each in default to undergo 6 months Simple Imprisonment each.

120(b) r/w 420, 467, 468 and 471 of IPC & under Section 13(2) r/w 13(1)(d) of P.C.Act Charge No.3 To undergo two years Rigorous Imprisonment and pay a fine of Rs.10,000/- in default to undergo 6 months Simple Imprisonment.

13(2) r/w 13(1)(d) of P.C.Act Charge No.4 To undergo two years Rigorous Imprisonment and pay a fine of Rs.10,000/- in default to undergo 6 months Simple Imprisonment.

13(2) r/w 13(1)(d) of P.C.Act Charge No.5 To undergo two years Rigorous Imprisonment and pay a fine of Rs.10,000/- in default to undergo 6 months Simple Imprisonment.

13(2) r/w 13(1)(d) of P.C.Act Charge No.6 To undergo two years Rigorous Imprisonment and pay a fine of Rs.10,000/- in default to undergo 6 months 13(2) r/w 13(1)(d) of P.C.Act 2/6

Rank of the accused Conviction under section Sentence Awarded Simple Imprisonment.

Charge No.12 To undergo two years Rigorous Imprisonment and pay a fine of Rs.10,000/- in default to undergo 6 months Simple Imprisonment.

13(2) r/w 13(1)(d) of P.C.Act To undergo two years Rigorous Imprisonment and pay a fine of Rs.10,000/- in default to undergo 6 months Simple Imprisonment.

The Trial Court ordered the period of sentences to run concurrently. Charge No.15 13(2) r/w 13(1)(d) of P.C.Act Total fine amount of Rs.70,000/- has already been paid by the petitioner. The trial Court has suspended the sentence till 27.07.2023. 2.

On perusing the memorandum of grounds of appeal, this Court finds grounds for arguments. Hence, the appeal has been admitted.

3. So far as the suspension of sentence is concerned, it is submitted by the learned counsel for the petitioner/appellant that the petitioner is suffering from facial paralysis and arthritis, hence prays for suspension of sentence on humanitarian ground. 3/6

Heard the submission made by the learned counsel for the petitioner/appellant as well as the learned Special Public Prosecutor. Considering the submission, the petition is ordered and the substantive sentences of imprisonment alone is suspended and the petitioner is directed to be enlarged on bail on condition that the petitioner shall execute a bond for a sum of Rs.1,00,000/- [Rupees One lakh only] with two sureties each for a like sum to the satisfaction of the learned Principal Special Judge for CBI Cases, VIII Additional City Civil Court, Chennai and on further condition that the petitioner shall appear before the said Court on the first working day of every English Calendar Month at 10.30 a.m. until further orders. 27.07.2023 rpl 2/2 To

1. The Principal Special Judge for CBI Cases, VIII Additional City Civil Court, Chennai.

2. The Deputy Superintendent of Police, The Central Bureau of Investigation, R.C.No.4(E) 98/CBI/BS & FC/BLR.

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3. The Public Prosecutor (CBI) High Court of Madras, Chennai.

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Dr.G.JAYACHANDRAN,J.

rpl Crl.M.P.No.10746 of 2023 in Crl.A.No.771 of 2023 27.07.2023 6/6