S.Selvaraj v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Thirtieth day of October Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice G.ILANGOVAN in CRL.A.(MD)No.905 of 2024 S.SELVARAJ ... APPELLANT/ACCUSED 1 Vs THE INSPECTOR OF POLICE, SPE:CBI:ACB: CHENNAI, RC 21(A) /2005 ... RESPONDENT/COMPLAINANT Criminal Miscellaneous Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to suspend the sentence and conviction imposed by the II Additional District Judge (CBI Cases) Madurai dt. 16.09.2024 made in C.C.No.13/2006 and pass such other orders as this Honble Court.
Prayer in CRL.A.(MD)No.905 of 2024:
Pleased to call for the records and set aside the judgment dated 16.09.2024 made in C.C.No.13/2006 on the file of II Additional District Court (CBI Cases), Madurai and allow the above Criminal Appeal.
Order : This Criminal Miscellaneous Petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.S.RAMSUNDARVIJAYRAJ, Advocate for the petitioner and of Mr.M.KARUNANITHI, Special Public Prosecutor on behalf of the Respondent, the 1/3
court made the following order:- This Criminal Miscellaneous Petition is filed to suspend the sentence imposed by the learned II Additional District Judge (CBI Cases), Madurai dated 16.09.2024 made in C.C.No.13/2006 and enlarge the petitioner on bail, pending disposal of the above said Criminal Appeal.
2. The learned counsel for the petitioner submitted that the petitioner has been convicted by the learned trial judge, for the alleged offence under Section 13(2) PC Act and under Section 120 B read with 420 IPC r/w 13(2) read with 13(1)(d) of PC Act, sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.50,000/-, in default to undergo simple imprisonment for six months.
3. It is submitted by the learned counsel for the petitioner that the sentence was already suspended by the trial Court from 16.10.2024 till 18.11.2024, by order dated 16.10.2024.
4. Having regard to the fact that there are arguable points involved in the appeal and further, the appeal is not likely to be taken up for final hearing in the near future and also considering the fact the petitioner are already enlarged on bail by the trial Court, the suspension of sentence petition is allowed and the substantive sentence of imprisonment alone is suspended pending disposal of the appeal and the petitioner is directed to be enlarged on bail on condition that the petitioner shall 2/3
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 of the learned II Additional District Judge (CBI) Cases, Madurai and on further condition that the petitioner shall appear before the said Court once in a week at 10.30 a.m. pending appeal. sd/- 30/10/2024 / TRUE COPY / /10/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
PNN TO 1 THE II ADDITIONAL DISTRICT JUDGE (CBI CASES), MADURAI.
2 THE INSPECTOR OF POLICE, SPE:CBI:ACB: CHENNAI.
3 THE SPECIAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.S.RAMSUNDAR VIJAYRAJ, Advocate ( SR-13435[I] dated 30/10/2024 ) ORDER IN in CRL.A.(MD)No.905 of 2024 Date :30/10/2024 SA/SVR/SAR. /30.10.2024/3P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3