K.Gunasekaran v. the Inspector of Police
Case brief
What is this about?
This was a criminal miscellaneous petition seeking suspension of the inherent sentence of imprisonment imposed on the appellant pending the final hearing of his appeal. The appellant was convicted under the Prevention of Corruption Act and IPC. Finding that arguable points existed in the appeal and considering humanitarian grounds, the court suspended the substantive sentence alone subject to bond
What did the court decide?
Substantive sentence of imprisonment suspended pending appeal subject to execution of bond with two sureties and monthly personal appearance before the trial court.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction )
Friday, the Fourteenth day of June Two Thousand Nineteen
PRESENT
The Hon`ble Mr Justice A.D.JAGADISH CHANDIRA
CRIMINAL MISCELLANEOUS PETITION No.6110 of 2019
in CRL.A.No.805 of 2017
K.GUNASEKARAN [ PETITIONER / APPELLANT ]
Vs STATE REP.BY ITS, THE INSPECTOR OF POLICE [ RESPONDENT ] CENTRAL BUREAU OF INVESTIGATION, CHENNAI
Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in CRL.A.No.805 of 2017 on the file of the High Court, the High Court will be pleased to suspend the sentence imposed in C.C No.39 of 2008 dated 31.08.2017 on the file of XIII Additional Special Judge (CBI Cases), Chennai, enlarge the petition on bail pending disposal of CA No.805 of 2017 on the file of this Honourable Court
Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in CRL.A.No.805 of 2017 on the file of the High Court and upon hearing the arguments of M/S.MURUGANANTHAM T., 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:-
Issues for consideration
2 issues framed by the court
Whether the sentence of imprisonment should be suspended pending the hearing of the appeal against conviction and sentencing.
Whether the petitioner has made out a case for suspension of sentence considering the existence of arguable points in the appeal.
Parties & counsel
- appellant
K.GUNASEKARAN
- respondent
STATE REP.BY ITS, THE INSPECTOR OF POLICE
- respondent
CENTRAL BUREAU OF INVESTIGATION, CHENNAI
Coram
Case details
As recorded by the court registry
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