Jose Mathew v. Securities And Exchange Board Of India,

in Crl.A.No.1618 of 2024 SUNDER MOHAN, J.

This Criminal Miscellaneous Petition has been filed to suspend the sentence in the judgment dated 21.11.2024 in S.C.No.454 of 2010 on the file of the learned District cum Principal Session Court, Chennai pending disposal of the above criminal appeal.

2.The petitioner/A2 in S.C.No.454 of 2010 was convicted by the Trial Court by judgment dated 21.11.2024 for the offences under Sections 24(1) of SEBI Act r/w Section 27 of SEBI Act and sentenced to undergo three years simple imprisonment and to pay a fine of Rs.5,00,000/-, in default, to undergo one year simple imprisonment. Aggrieved by the same, he filed Crl.A.No.1618 of 2024 before this Court along with the instant miscellaneous petition seeking suspension of sentence and bail.

3.The learned counsel for petitioner would submit that he has raised substantial grounds in the appeal and the sentence imposed on the petitioner has already been suspended by the trial Court till 21.12.2024. 4.Heard Mr.C.Prasanna Venkatesh, learned counsel appearing for the

respondent.

5.Considering the fact that there are substantial grounds raised in the above appeal, which requires consideration; that the sentence of imprisonment has already been suspended by the trial Court and since the appeal is not likely to be taken up in the near future, this Court is inclined to grant the relief of suspension of sentence to the petitioner.

6. Accordingly, this criminal miscellaneous petition stands allowed and the sentence imposed on the petitioner is suspended till the disposal of the above Criminal appeal and the petitioner is ordered to be released on bail on the following conditions:

(i) The petitioner/A2 shall execute a bond for a sum of Rs.10,000/-, with two sureties, each for a like sum to the satisfaction of the learned Principal Sessions Judge, Chennai;

(ii)The petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the trial Court may obtain a copy of their Aadhar card or Bank pass Book and mobile numbers to ensure their identity; and (iii)The petitioners shall appear before the trial Court on the first

working day of every 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, he shall make arrangements to file an application under Section 317 Cr.P.C. and shall appear before the trial Court on any other day in lieu of the date of his absence, as directed by the trial Court.

20.12.2024 (2/2) rsi To 1.The Principal Sessions Judge, Chennai.

2.The Public Prosecutor, High Court, Madras.

SUNDER MOHAN, J.

rsi in Crl.A.No.1618 of 2024 20.12.2024 (2/2)