George v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Thirtieth day of October Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P.VADAMALAI IN CRL A(MD) No.945 of 2023 GEORGE ... PETITIONER/APPELLANT Vs THE INSPECTOR OF POLICE VIGILANCE AND ANTI CORRUPTION, THANJAVUR.
CR.NO.8/2013 ... RESPONDENT/RESPONDENT 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 of Imprisonment imposed by the learned Special Court for Vigilance and Anti Corruption / Chief Judicial Magistrate Thanjavur @ Kumbakonam in Spl.Case No. 12/2014 by its judgment dt 21.09.2023 and enlarge the petitioner appellant on bail pending disposal of the above said Criminal Appeal. PRAYER IN CRL.A(MD).945/2023:
Pleased to cal for the records relating to the case in Spl.Case No.12 of 2014 on the file of the Special Court for Vigilance and Anti Corruption/Chief Judicial Magistrate, Thanjavur @ Kumbakonam, dated 21.09.2023 and set aside the judgment and order as against the appellant in above said case and acquit the Appellant/Accused.
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 1/6
M/s.D.SARANYA, Advocate for the petitioner and of Mr.B.NAMBI SELVAN, Additional Public Prosecutor on behalf of the Respondent, While admitting the Criminal Appeal, the court made the following order:- This Criminal Miscellaneous Petition is filed to suspend the sentence imposed by the learned Special Court For Vigilance and Anti Corruption/Chief Judicial Magistrate, Thanjavur @ Kumbakonam, in Spl.Case.No.12 of 2014 dated 21.09.2023 and enlarge the petitioner on bail till the disposal of this Criminal Appeal.
2. The case of the prosecution is that the petitioner demanded bribe from the defacto complainant for approving his pass-port verification. Thereafter, defacto complainant gave a complaint against the petitioner and the case was registered against the petitioner by the respondent police in Crime No.8 of 2013. After completion of investigation formalities, final report was filed before the concerned Court for the offences under Sections 7 and 13(2) r/w 13 (1)(d) of the Prevention of Corruption Act, 1988 and the final report was taken on file in Spl.Case No.12 of 2014.
3. Before the trial Court, on the side of the prosecution, 11 witnesses have been examined as P.W.1 to P.W.11 and 21 documents were marked as Ex.P1 to Ex.P21. Four materials objects were marked as M.O.1 to M.O.4. On the side of the accused no witnesses was examined and one documents was marked as Ex.D1.
4. The learned Special Court For Vigilance and Anti Corruption/Chief Judicial Magistrate, Thanjavur @ Kumbakonam,, upon considering the evidence both oral 2/6
and documentary and on hearing the arguments on both the sides, has passed the impugned judgment dated 21.09.2023 by convicting the petitioner as follows : S.No.
Offence Sentence Fine In default sentence 1.
7 of the Prevention of 2 years rigorous Rs.3,000/- one month Corruption Act, 1988 imprisonment simple imprisonment 2.
13(2) r/w 13(1) (d) of the one year Rs.2,000/- one month Prevention of Corruption rigorous simple Act imprisonment imprisonment Challenging the above said conviction and sentence, the petitioner has preferred the present Criminal Appeal along with the above Miscellaneous Petition seeking suspension of sentence.
5. The learned counsel for the petitioner would submit that there are several infirmities in the prosecution case and further there are contradictions in material particulars between the evidence of the prosecution witnesses. He further submitted that the trial Court suspended the sentence till 21.10.2023.
6. The learned Additional Public Prosecutor appearing for the respondent 3/6
would submit that there are enough materials available on record against the petitioner and hence, he strongly opposed to grant suspension of sentence.
7. This Court has carefully considered the rival contentions put forward by either side and also perused the materials available on record.
8. The learned counsel for the petitioner pointed out that certain infirmities and inconsistencies in this case and also certain contradictions in material particulars. The fact remains that there are arguable points involved in this criminal appeal and further the criminal appeal is not likely to be taken up for final hearing in the near future and as such, this Court is of the considered view that the petitioner herein is entitled to the relief of grant of suspension of sentence.
9. Accordingly, this petition is allowed and the substantive sentence of imprisonment alone is suspended pending disposal of the appeal with the following directions:- (i) The petitioner is directed to be enlarged on bail on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Special Court For Vigilance and Anti Corruption/Chief Judicial Magistrate, Thanjavur @ Kumbakonam, 4/6
(ii) 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 to ensure their identity; and (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.
sd/- 30/10/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.
TTA TO 1 THE CHIEF JUDICIAL MAGISTRATE SPECIAL COURT FOR VIGILANCE AND ANTI CORRUPTION, THANJAVUR @ KUMBAKONAM.
2 THE INSPECTOR OF POLICE VIGILANCE AND ANTI CORRUPTION, THANJAVUR.
3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO:
THE SECTION OFFICER, CRIMINAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.(CALL FOR RECORDS) 5/6
+1 CC to M/s.D.SARANYA, Advocate ( SR-15654[I] dated 30/10/2023 )
ORDER
IN Date :30/10/2023 SA/VRS/SAR. /31.10.2023/6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 6/6