The Madras High Court granted suspension of the sentence of the appellant convicted under the Prevention of Corruption Act pending the disposal of his criminal appeal. Bail was sanctioned on execution of a bond with sureties.
Appeal bail granted; sentence suspended on a personal bond of Rs. 15,000 with two sureties of equal amount.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )
Thursday, the Seventh day of December Two Thousand Seventeen
PRESENT
The Hon`ble Mr.Justice A.M.BASHEER AHAMED
CRL MP(MD) No.10566 of 2017 IN CRL A(MD) No.463 of 2017
AHAMED MASOOD ... PETITIONER / APPELLANT
THE STATE REPRESENTED BY THE INSPECTOR OF POLICE, VIGILANCE & ANTI CORRUPTION WING, VIRUDHUNAGAR DISTRICT , CRIME NO.6/2007 ... RESPONDENT / RESPONDENT
Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to suspend the operation and execution of sentence imposed by the Learned Special Judge for Prevention of Anti corruption Cases and Chief Judicial Magistrate, Srivilliputhur at Virudhunagar District in Special C.C.No.28/2014 dated 13/11/2017 till the disposal of the appeal and may be pleased to enlarge the above petitioner/appellant on bail till the disposal of the pending appeal.
Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of Ms.D.FARJANA GHOUSHIA, Advocate for the petitioner and of Mr.C.MAYILVAHANA RAJENDRAN, Additional Public Prosecutor on behalf of the Respondent, while admitting the CRLA., the court made the following order:-
The accused in Special C.C.No.28 2014, on the file of the learned Special Judge for Prevention of Anti-Corruption Cases and Chief Judicial Magistrate, Srivilliputhur at Virudhunagar District, https://hcservices.ecourts.gov.in/hcservices/ while challenging his conviction and sentence, seeks appeal bail
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under Section 389(1) Cr.P.C.
2. After trial, he has been convicted and sentenced as under:
| Conviction | Sen | tence |
|---|---|---|
| Section 7 of Prevention of |
3 Years R.I. + Fine Months R.I. |
of Rs.20,000/-, i/d 6 |
| Corruption Act, 1988 |
||
| Section 13(2) | 3 Years R.I. + Fine | of Rs.20,000/-, i/d 6 |
| r/w.13(1)(d) of Prevention of Corruption Act, 1988 |
Months R.I. |
3 . Both the sentences were ordered to run concurrently. It is represented that fine amount has been paid and a receipt has also been filed along with the Appeal Memorandum. The trial Court has pronounced the above Judgment on 13.11.2017. Then the petitioner filed Cr.M.P.No.2226 of 2017 for suspension of sentence before the trial Court enabling the petitioner to file appeal against the Judgment of conviction and sentence. The interim suspension was ordered by the trial Court till 12.12.2017. Hence, the petitioner / accused has filed the present Crl.A.(MD)No.463 of 2017, before this Court and is pending. The petitioner has also filed the present criminal miscellaneous petition, seeking suspension of sentence, during pendency of the appeal.
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Section 20 of the Prevention of Corruption Act is not applicable to this case and the alleged bribe amount of Rs.200/- was not seized from the accused, but only from the long size note book. The counsel for the petitioner further submits that P.W.2 has stated during his cross-examination that the accused has handed over the Legal Heir Certificate only after receiving the tainted rupees to the complainant / P.W.2 in long size note book in which the alleged bribe amount of Rs.200/- was kept and also the legal heirs certificate, which is to be handed over to the complainant after receiving the amount given by P.W.2 are not subjected to phenapthalin test by the trap laying officer in this case. Hence the petitioner is having a prima facie case in this appeal.
7. In the facts and circumstances, perusing the impugned Judgment and the materials on record, I am of the view that certain eminently arguable points are involved in the Criminal Appeal. They are required to be examined in detail in the main Criminal Appeal. Further, it will take some time for the disposal of the Criminal Appeal.
8.On considerations, ordered as under: (i) Appeal bail granted. (ii) Substantial sentence alone is suspended on condition that the petitioner shall execute a bond for Rs.15,000/- (Rupees Fifteen thousand only) with two sureties for the like sum each to the satisfaction of the learned Special Judge for Prevention of Anti-Corruption Cases and Chief Judicial Magistrate,Srivilliputhur at Virudhunagar District.
(iii) The petitioner shall appear before the said Court on the first working day of every month at 10.30 a.m., until further orders.
sd/-
07/12/2017
/ TRUE COPY /
Sub-Assistant Registrar (C.S.) https://hcservices.ecourts.gov.in/hcservices/ Madurai Bench of Madras High Court, Madurai - 625 023.
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TO
+1. C.C. to Mr.G.MARIAPPAN Advocate SR.No.35879 JAM/08.12.17/CM-VR/ SAR 2/ 4P-5C
3 issues framed by the court
Whether bail should be granted pending the disposal of the criminal appeal filed under Cr.P.C. Section 389(1).
Whether the appeal raises eminently arguable points requiring detailed examination by the High Court.
Whether conditions suitable for suspension of sentence execution can be imposed while the appeal is pending.
3 provisions across 2 enactments
AHAMED MASOOD
THE STATE REPRESENTED BY THE INSPECTOR OF POLICE, VIGILANCE & ANTI CORRUPTION WING, VIRUDHUNAGAR DISTRICT
A.M. BASHEER AHAMED
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
