M.Pachiyappan v. State Rep. By Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 16.12.2024
CORAM
MR.JUSTICE N.SESHASAYEE M.Pachiyappan ... Petitioner Vs.
State rep. by Inspector of Police Vigilance and Anti-Corruption, CC-I Unit Chennai (Crime No.1/AC/2012) ... Respondent Prayer: The miscellaneous petition is filed U/s.430 (1) of BNSS Act, 2023, to suspend of the sentence and enlarge the petitioner on bail connected in Special Case No.04 of 2013 on the file of the learned Special Judge Cum Chief Judicial Magistrate at Chengalpet. For Petitioner : Mr.P.Ezhil Nilavan For Respondent : Mr.K.M.D.Muhilan Government Advocate (Crl. Side)
ORDER
The Petitioner / appellant was convicted for the offences U/s.7 and 1/4
Section 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988, and sentenced to undergo two (2) years S.I. and to pay a fine of Rs.10,000/- in default to undergo one (1) month S.I. for offence U/s.7 of the Prevention of Corruption Act, 1988, and sentenced to undergo two
(2) years S.I. and to pay a fine of Rs.10,000/- and in default to undergo one (1) month S.I. for offences U/s.13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988, by the learned Special Judge cum Chief Judicial Magistrate, Chengalpet under judgment in Special Case No.04 of 2013 dated 28.11.2024. Hence, the petitioner seeks suspension of sentence.
2. The learned counsel for petitioner submits that the trial Court has suspended the sentence imposed on the petitioner till 31.12.2024. The learned counsel further submits that there are several infirmities and inconsistencies found in the prosecution case and there are contradictions in the material particulars between the evidence of the prosecution witnesses.
3.Heard Mr.K.M.D.Muhilan, the learned Government Advocate (Crl. Side) and the learned counsel appearing for the petitioner. 2/4
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.Accordingly, the substantive sentence of imprisonment alone is suspended and the petitioner is directed to be enlarged on bail on the following conditions:- a) The petitioner / accused is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like sum to the satisfaction of the learned Special Judge cum Chief Judicial Magistrate, Chengalpet.
b) The petitioner/ accused and the sureties shall affix their photographs and left thumb impressions in the surety bonds and the Magistrate may obtain a copy of their Aadhaar Cards or Bank 3/4
N.SESHASAYEE, J.
kas Pass Books to ensure their identities;
c) The petitioner / accused shall appear before the trial Court on the first working day of every English calender month at 10.30 a.m. until the disposal of the Appeal and if he is not able to appear before the trial Court on any day, due to unavoidable circumstances, he shall make arrangements to file an application under Section 317 Cr.P.C. and shall appear before the trial Court or any other day in lieu of his absence, as directed by the trial Court. Such an application shall not be entertained often; and d) On the failure of any of the above conditions by the petitioner / accused, it is open to the trial Court to commit the petitioner / accused into custody for undergoing the sentence. 16.12.2024 (2/2) kas Note: Issue order copy on 17.12.2024 4/4