Ahamed Sulaiman v. The State Of Tamilnadu Rep By Inspector Of Police, Vigilance And Anti Corruption Cell,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.01.2026
CORAM
THE HONOURABLE MRS JUSTICE N. MALA CRL MP(MD) No. 188 of 2026 IN CRL A(MD) No. 22 of 2026 Ahamed Sulaiman Petitioner/Appellant Vs The State of Tamilnadu Rep By The Inspector Of Police, Vigilance and Anti-Corruption, Tiruchirappalli (In Crime No. 20 of 2007) Respondent/Respondent For Petitioner(s):
Mr.D.Rameshkumar For Respondent(s): Mr. B.Nambi Selvan Additional Public Prosecutor (V & AC) Prayer: This petition is filed under Section 430(1) of BNSS to Suspend the sentence imposed in Special Case No.79 of 2011 on the file of the Special Court for Trial of Cases under Prevention of Corruption Act, Tiruchirappalli, dated 19.12.2025 and enlarge him on bail pending disposal of the above appeal.
ORDER
This Criminal Miscellaneous Petition has been filed to suspend the sentence imposed by the learned Special Judge, the Special Court for Trial of 1/7
Cases under Prevention of Corruption Act, Tiruchirappalli, in Special Case No. 79 of 2011 dated 19.12.2025 and enlarge him on bail pending disposal of the appeal.
2. The case of the prosecution is that the accused was working as Village Administrative Officer in Navalpattu village and when the defacto complainant approached the accused for transfer of patta in September 2007, he demanded Rs.2000/- as bribe, for transfer of patta. On the basis of the complaint given by the defacto complainant, FIR in Crime No.20 of 2007 was registered against the petitioner for the offences under Section 7, 13(2) r/w 13(1)(d) of Prevention of Corruption Act. After completion of investigation, charge sheet was filed and the same was taken on file in Special Case No.79 of 2011.
3. Before the trial court, on the side of the prosecution, 10 witnesses were examined as P.W.1 to P.W.10 and 24 documents were marked as Ex.P.1 to Ex.P.24. Five material objects were marked as M.O.1 to M.O.5. On the side of the accused, two witnesses were examined as D.W.1 and D.W.2 and six documents were marked as Ex.D.1 and Ex.D.6.
4. The Special Judge, the Special Court for Trial of Cases under Prevention of Corruption Act, Tiruchirappalli, upon considering the evidence 2/7
both oral and documentary and on hearing the arguments on both sides, passed the impugned judgment dated 19.12.2025, convicting the petitioner and sentencing him as follows:
S.No.
Offence Sentence Fine In default sentence 1.
Section 7 of the Prevention of Corruption Act 2 years imprisonment Rs.1,000/- 3 months simple imprisonment 2.
Section 13(2) r/w 13(1)(d) of Prevention of Corruption Act 2 years imprisonment Rs.5,000/- 3 months simple imprisonment It was further ordered that the sentences of imprisonment would run concurrently.
5. Challenging the above said conviction and sentence, the appellant has preferred the present Criminal Appeal along with the above Miscellaneous Petition seeking suspension of sentence.
6. The learned counsel appearing for the petitioner would submit that there are several incongruities in the prosecution case and further there are contradictions in material particulars in the evidences of the prosecution witnesses. The learned counsel would further submit that the fine amount has already been paid and the trial court has suspended the sentence till 19.01.2026. 3/7
7. The learned Additional Public Prosecutor appearing for the State would submit that there are enough materials available on record against the petitioner and hence, he strongly opposed to grant suspension of sentence.
8. This Court has carefully considered the rival contentions put forward by either side and also perused the materials available on record.
9. The learned counsel appearing for the petitioner pointed out the incongruities, inconsistencies and contradictions in material particulars in the prosecution's case, which establish that there are certain arguable points in the criminal appeal. Further the criminal appeal is not likely to be taken up for final hearing in the near future. Hence, this Court is of the considered view that the petitioner herein has made out a prima facie case for suspension of sentence.
10. Accordingly, the Criminal Miscellaneous Petition is allowed and the substantive sentence of imprisonment alone is suspended pending disposal of the appeal with the following directions:
(1) The petitioner shall be enlarged on bail provided the petitioner pays the fine amount of Rs.11,000/-, within a period of two weeks from today.
(2) After the fine amount is received, the petitioner is directed to be enlarged on bail on condition that the petitioner shall execute a bond for a sum 4/7
of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, within a period of 10 days from the date of receipt of a copy of this order, each for a like sum to the satisfaction of the Special Judge, Special Court for Trial of Cases under Prevention of Corruption Act, Tiruchirappalli; (ii) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Trial Judge may obtain a copy of any valid identity proof to ensure their identity ;
(iii) The petitioner shall appear before the trial Court once in a month i.e., on the first working day of every English calendar month at 10.30 a.m., until further orders 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 of Cr.P.C (355 of BNSS) 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. 07.01.2026 CM 5/7
To, The Inspector Of Police, Vigilance and Anti-Corruption, Tiruchirappalli (In Crime No. 20 of 2007)
2. The Special Judge, Special Court for Trial of Cases under Prevention of Corruption Act, Tiruchirappalli 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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N.MALA., J.
CM CRL MP(MD) No. 188 of 2026 IN CRL A(MD) No. 22 of 2026 07.01.2026 7/7