R.Mallika v. The State Rep By Its,

N.SESHASAYEE, J.

Petitioner / appellant was convicted for the offences U/s.7 and Section 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988, and sentenced to undergo one (1) year R.I. and to pay a fine of Rs.1,000/- in default to undergo three (3) months S.I. for offence U/s.7 of the Prevention of Corruption Act, 1988, and sentenced to undergo one (1) year of R.I. and to pay a fine of Rs.5,000/- and in default to undergo fifteen (15) months S.I. for offences U/s.13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988, by the learned Special Judge under Prevention of Corruption Act cum Chief Judicial Magistrate, Cuddalore, under judgment in Special C.No.1 of 2013 dated 10.09.2024. Hence, the petitioner seeks suspension of sentence.

2. The learned counsel for petitioner submits that the trial Court has suspended the sentence till 10.10.2024 and the petitioner is in bail now. The learned counsel further submits that there are several infirmities and 1/4

inconsistencies found in the prosecution case and there are contradictions in the material particulars between the evidence of the prosecution witnesses. 3.Heard Mr.R.Kishore Kumar, the learned Government Advocate (Crl. Side) and the learned counsel appearing for the petitioner.

4. Considering the facts and circumstances of the case and in view of the fact that there are several infirmities in the prosecution case and there are arguable points involved in the appeal, as contended by the learned counsel for petitioner and that the appeal is not likely to be taken up for final hearing in the near future, this Court is of the considered view that the petitioner herein is entitled to the relief of grant of suspension of sentence. 5.The substantive sentence of imprisonment alone is suspended accordingly, and the petitioner is directed to be enlarged on bail on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) each with two sureties each for a like sum to the satisfaction 2/4

of the learned Special Judge under Prevention of Corruption Act cum Chief Judicial Magistrate, Cuddalore, and on further condition that the petitioner shall appear before the said Court on the first working day of every month at 10.30 a.m. until further orders.

17.10.2024 (2/2) Note to office: Issue order copy on 17.10.2024 3/4

N.SESHASAYEE, J.

kas 17.10.2024 (2/2) 4/4