Partly allowed

R.Dorairaj, M/a 64 Years, v. the State Rep by Its

Madras HC25 Apr 2018CRL MP/6510/2018

Case brief

AI extract

What is this about?

The High Court admitted an appeal and granted a prayer for suspension of sentence. The court suspended the substantive imprisonment for commitment to the trial court subject to depositing a security and providing bond with sureties, while the trial court already suspended the sentence for bail purposes.

What did the court decide?

Substantive sentence of imprisonment suspended; enlarged on bail with security deposit of Rs.2,50,000 and bond with two sureties.

R.Dorairaj, M/a 64 Years, Vs the State Rep by Its — Corruption | Madras HC (2018)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

( Criminal Jurisdiction )

¶3

Wednesday, the Twenty Fifth day of April Two Thousand Eighteen

¶4

PRESENT

¶5

The Hon`ble Dr Justice G. JAYACHANDRAN

¶6

CRIMINAL MISCELLANEOUS PETITION No.6510 of 2018

¶7

IN CRL A.269/2018

¶8

R.DORAIRAJ [ APPELLANT / ACCUSED ]

¶9

¶10

THE STATE REP BY ITS, [ RESPONDENT ] THE INSPECTOR OF POLICE, SPE:CBI:ACB CHENNAI SASTRIBHAVAN, CHENNAI-6 R.C.2009 (A) 0061)

¶11

Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in CRL A.269/2018 on the file of the High Court, the High Court will be pleased to suspend the sentence and conviction imposed on the petitioner / appellant accused-1 herein passed by the Learned Court XIV Additional Special Judge for CBI CASES, CHENNAI by Judgment dated 17.04.2018 made in C.C.No.22 of 2011, and enlarge the petitioner on bail pending disposal of the above CRL A.269/2018 [IN CRL.MP.NO.6510 OF 2018]

¶12

Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in CRL A.269/2018 on the file of the High Court and upon hearing the arguments of M/S.K.SHANKER, Advocate for the petitioner and of MR.K.SRINIVASAN SPECIAL PUBLIC PROSECUTOR FOR CBI CASES on behalf of the Respondent the court made the following order:-

¶13

The petitioner/appellant is arrayed as first accused in C.C.No.22 of 2011 on the file of the learned XIV Additional Special Judge for CBI Cases, XIV Additional City Civil Court, Chennai. The petitioner/A1 has been convicted for the offence under Section 120(B) IPC r/w 13(2) r/w 13(1)(e) of the Prevention of Corruption Act, 1988 and sentenced to undergo one year Rigorous Imprisonment and to pay a fine of Rs.10,000/-, in default to undergo three months Simple Imprisonment, vide impugned judgment dated 17.04.2018. The petitioner prays for suspension of sentence.

¶14

2 On perusing the memorandum of grounds of appeal, this Court finds material for arguments. Hence, the appeal has been admitted.

¶15

3 So far as the suspension of sentence is concerned, the Trial Court has already suspended the sentence till 08.06.2018.

¶16

4 Heard the learned counsel for the petitioner and the learned Special Public Prosecutor for CBI Cases.

¶17

5 In the result, the petition is ordered and the substantive sentences of imprisonment alone is suspended and the petitioner is directed to be enlarged on bail on condition that the petitioner shall deposit a sum of Rs.2,50,000/- (Rupees two lakhs and fifty thousand only) in cash, to the credit of C.C.No.22 of 2011, with bond from two sureties each for a like sum to the satisfaction of the learned XIV Additional Special Judge for CBI Cases, XIV Additional City Civil Court, Chennai, within a period of two weeks from today; and on further condition that, the petitioner shall appear before the said Court on the first working day of every English Calendar Month at 10.30 a.m. until further orders.

¶18

-sd/-

¶19

25/04/2018

¶20

This order, on being produced, be punctually observed and carried into execution by all concerned

¶21

TRUE COPY

¶22

Sub-Assistant Registrar (Statistics/C.S.)

¶23

High Court, Madras - 600 104.