Akkineni Manohar Prasad v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 27.07.2023 CORAM :

THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN Crl.M.P.No.10770 of 2023 in Crl.A.No.773 of 2023 Akkineni Manohar Prasad .. Petitioner Vs.

State by:

The Deputy Superintendent of Police The Central Bureau of Investigation, BS & FC, Bangalore.

R.C.No.4(E) 98/CBI/BS & FC/BLR.

..Respondent PRAYER : Criminal Original Petition has been filed under section 389(1) of Criminal Procedure Code to suspend the sentence imposed on the petitioner in C.C.No.81 of 2001 on the file of the Principal Special Judge for CBI Cases, VIII Additional City Civil Court at Chennai made in judgment dated 28.06.2023 and enlarge the bail pending disposal of the above criminal appeal For Petitioner :

Mr.A.Nagarajan For Respondent :

Mr.K.Srinivasan Special Public Prosecutor (CBI)

ORDER

The petitioner herein is arrayed as 6th accused, the Joint Managing Director of M/s.Gemini Pictures Private Limited, which is arrayed as 7th 1/6

accused in C.C.No.81 of 2001, was found guilty by the learned Principal Special Judge for CBI 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 A6 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.2 To undergo two years Rigorous Imprisonment and pay a fine of Rs.10,000/- in default to undergo 6 months Simple Imprisonment.

420 IPC Charge No.7 To undergo two years Rigorous Imprisonment and pay a fine of Rs.10,000/- in default to undergo 6 months Simple Imprisonment.

420 IPC Charge No.8 To undergo two years Rigorous Imprisonment and pay a fine of Rs.10,000/- in default to undergo 6 months Simple Imprisonment.

420 IPC 2/6

Rank of the accused Conviction under section Sentence Awarded Charge No.9 To undergo two years Rigorous Imprisonment and pay a fine of Rs.10,000/- in default to undergo 6 months Simple Imprisonment.

467 IPC-Not guilty whereas convicted u/s.109 r/w.467 IPC Charge No.10 To undergo two years Rigorous Imprisonment and pay a fine of Rs.10,000/- in default to undergo 6 months Simple Imprisonment.

468 IPC-Not guilty whereas convicted u/s.109 r/w.468 IPC Charge No.11 To undergo two years Rigorous Imprisonment and pay a fine of Rs.10,000/- in default to undergo 6 months Simple Imprisonment.

468 IPC-Not guity whereas convicted u/s.109 r/w.471 r/w.467 IPC Charge No.13 To undergo two years Rigorous Imprisonment and pay a fine of Rs.10,000/- in default to undergo 6 months Simple Imprisonment.

420 IPC Charge No.14 To undergo two years Rigorous Imprisonment and pay a fine of Rs.10,000/- in default to undergo 6 months Simple Imprisonment.

420 IPC Appellant/A6 viz., Manohar Prasad was not found guilty for the offences U/s.420 of IPC (Charge No.16) and he is acquitted of the above said offence 3/6

The Trial Court ordered the period of sentences to run concurrently. Total fine amount of Rs.90,000/- has already been paid by the petitioner. 2.

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

3. The learned counsel appearing for the petitioner/appellant states that pending trial, the entire due been settled to the bank. Commercial transaction been converted to criminal prosecution and therefore, judgment of conviction is liable to be set aside. Heard the submission made by the learned counsel for the petitioner/appellant as well as the learned Special Public Prosecutor. Considering the submission and taking note of the fact that the monetary loss to the bank been compensated by settling the dues, the petition for suspension of sentence is ordered till the disposal of the appeal 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/- 4/6

[Rupees One lakh only] with two sureties each for a like sum to the satisfaction of the learned Principal Sessions 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 Sessions 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.

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

5/6

Dr.G.JAYACHANDRAN,J.

rpl Crl.M.P.No.10770 of 2023 in Crl.A.No.773 of 2023 27.07.2023 6/6