Satish Kumar, Aged 68 Years, v. The State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Twenty Fifth day of January Two Thousand Eighteen PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL MISCELLANEOUS PETITION No.828 of 2018 IN CRL A.45/2018 SATISH KUMAR, [ PETITIONER ] Vs THE STATE REP. BY [ RESPONDENT ] INSPECTOR OF POLICE, CBI/BS & FC/BANGALORE Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in Crl.A.No.45/2018 on the file of the High Court, the High Court will be pleased to suspend the sentence imposed upon the petitioner by the learned Principal Special Judge for CBI Cases VIII Additional City Civil Court, Chennai under the Judgment dated 05.01.2018 passed in C.C.No.56 of 2000 and enlarge the petitioner on bail, pending disposal of the above appeal.
Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in Crl.A.45/2018 on the file of the High Court and upon hearing the arguments of MR. RAMAKRISHNAN, FOR MR.WARAON AND SAI RAMS, Advocate for the petitioner and of Public Prosecutor on behalf of the Respondent the court made the following order:- This petition has been filed to suspend the sentence of imprisonment imposed in the judgment dated 05.01.2018 made in C.C.No.56 of 2000 on the file of the learned Principal Special Judge for CBI Cases VIII Additional City Civil Court, Chennai, and enlarge the petitioner on bail, convicted and sentenced the petitioner as under:
Conviction Sentence under Section Section 120B r/w 409 IPC and Section 13(2) r/w13 (1)(d) of Prevention of Corruption Act, 1988 Three years rigorous imprisonment and to pay a fine of Rs.10,000/- in default to undergo rigorous imprisonment for six months.
Section 13(2) r/w 13(1) (d) of Prevention of Corruption Act, 1988 (12 Counts) Two years rigorous imprisonment and to pay a fine of Rs.10,000/- in default to undergo rigorous imprisonment for six months for each count.
Three years rigorous imprisonment and to pay a fine of Rs.10,000/- in default to undergo rigorous imprisonment for six months.
Section 409 IPC
2. Challenging the same, the present appeal has been filed along with this petition for suspension of sentence.
3. Taking into consideration of the submission of the learned counsels appearing on both sides, since there are some arguable points available in the appeal, I am inclined to pass the following orders:
The substantive sentence imposed against the petitioner alone is suspended on conditions that:- i) 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, within a period of two weeks from the date of receipt of a copy of this order and also ii) the petitioner shall appear before the above said Court on the first working day of every English calendar month at 10.30 a.m, until further orders.
-sd/- 25/01/2018 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 PRINCIPAL SPECIAL JUDGE FOR CBI CASES VII ADDITIONAL CITY CIVIL COURT, CHENNAI 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
3 THE STATE REP. BY INSPECTOR OF POLICE, CBI/BS & FC/BANGALORE +1 C.C. to M/S.WARAON AND SAI RAMS Advocate on payment of necessary charges Sr.No.1791 Order in CRL MP.828/2018 in CRL A.45/2018 Date :25/01/2018 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format MD: 31/01/2018