R.Venkateswari v. State By

Crl.O.P.No.4639 of 2016 in Crl.A.SR.No.17047 of 2016 R.SUBBIAH, J The present petition has been filed seeking leave to appeal as against the order of conviction and sentence passed by the Special Court, Anti Corruption Cases, Villupuram, in Spl.C.C.No.6 of 2013 dated 29.2.2016 as against late E.Jayabalan, the accused herein.

2. The petitioners are the legal heirs of late E.Jayabalan, who was convicted for the offence under Section 7 of the Prevention of Corruption Act and sentenced to undergo one year rigorous imprisonment and imposed fine of Rs.1,000/-, in default, to undergo three months simple imprisonment and was convicted for the offence under Section 13(2) read with 13(1)(d)(1) of the Prevention of Corruption Act and sentenced to undergo one year rigorous imprisonment and imposed fine of Rs.2,000/-, in default, to undergo three months simple imprisonment by the Special Court, Anti Corruption Cases, Villupuram, in Spl.C.C.No.6 of 2013 dated 29.2.2016.

3. Originally, the sentence was suspended for a period of one month. During the period of suspension, the said E.Jayabalan died. Now, his legal heirs seeks leave of this Court to file an appeal against the order of conviction, stating that unless the petitioners get the conviction set aside, they will not get any retirement benefits of late E.Jayabalan.

4. Considering the facts and circumstances of the case, I am of the opinion that leave could be granted. Accordingly, leave is granted. Registry is directed to number the appeal, if it is otherwise in order.

09.06.2016 sbi

R.SUBBIAH, J sbi Crl.O.P.No.4639 of 2016 in Crl.A.SR.No.17047 of 2016 DATED: 9.6.2016