Allowed

M.Vijayakumar v. State Rep. by

Madras HC3 Jul 2019CRL MP/8718/2019

Case brief

AI extract

What is this about?

A Criminal Miscellaneous Petition filed by an appellate convict in a CBI corruption case sought suspension of his sentence pending appeal. The High Court granted the prayer, suspending the substantive imprisonment while varying bail conditions, including a ₹50,000 bond and monthly reporting to the trial court.

What did the court decide?

The appellant was enlarged on bail on executing a bond of Rs. 50,000 with two sureties of like sum and reporting to the trial court on the first working day of every English calendar month.

M.Vijayakumar Vs State Rep. by — Corruption | Madras HC (2019)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

( Criminal Jurisdiction )

¶3

Wednesday, the Third day of July Two Thousand Nineteen

¶4

PRESENT

¶5

The Hon`ble Mr Justice A.D.JAGADISH CHANDIRA

¶6

CRIMINAL MISCELLANEOUS PETITION No.8718 of 2019

¶7

in CRL.A.No.400 of 2019

¶8

M.VIJAYAKUMAR [ PETITIONER / APPELLANT ]

¶9

Vs STATE REP. BY [ RESPONDENT ] THE INSPECTOR OF POLICE, CENTRAL BEURO OF INVESTIGATION (CBI), SPE/CBI/EOW/CHENNAI. (RC.NO.3E OF 2009)

¶10

Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in CRL.A.No.400 of 2019 on the file of the High Court, the High Court will be pleased to suspend the execution of the sentence dated 31.05.2019 passed in CC No.2 of 2010 against the petitioner/appellant by the Honble XI Addl Special Sessions Judge Chennai (case dealing with banking and financial institution cases, CBI Court, Chennai) for pending disposal of the above CRL.A.No.400 of 2019

¶11

Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in CRL.A.No.400 of 2019 on the file of the High Court and upon hearing the arguments of M/S.V.GANESH, 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:-

¶12

The petition has been filed by the petitioner/appellant/A-3, to suspend the sentence of imprisonment imposed in the judgment dated 31.05.2019 made in Calendar Case No.2/2010 on the file of the learned XI Additional Special Judge [Case dealing with Banking and Financial Institution Cases], CBI Court, Chennai, pending disposal of the appeal.

¶13

2 The petitioner/appellant is arrayed as A-3 out of 5 accused and he was found guilty of the offences u/s.120B read with 409, 420, 467, 468, 471, 109 IPC and section 13[2] read with 13[1][c] and [d] of the Prevention of the Corruption Act, 1988 ; 420, 109 r/w 467 & 468 IPC ; 109 r/w 467 IPC and he has been convicted and sentenced as under:

¶14

https://hcservices.ecourts.gov.in/hcservices/

¶15

S.No. Conviction Sentence 1. 120B read with 409, 3 years R.I and fine of Rs.25,000/420, 467, 468, 471, with a default sentence of 6 months 109 IPC and section simple imprisonment. 13[2] read with 13 [1][c] and [d] of the Prevention of Corruption Act, 1988 2. 420 IPC 3 years R.I and fine of Rs.25,000/with a default sentence of 6 months simple imprisonment. 3. 109 r/w 467 & 468 3 years R.I and fine of Rs.25,000/IPC with a default sentence of 6 months simple imprisonment. 4. 109 r/w 467 IPC 3 years R.I and fine of Rs.25,000/with a default sentence of 6 months simple imprisonment.

¶16

Aggrieved against the same, the petitioner/appellant/A-3 has preferred this appeal.

¶17

3 The case of the prosecution is that the petitioner/appellant/A-3, along with the other accused, viz., A-1, A- 2 and A-3, entered into criminal conspiracy, and by abusing their official powers, prepared fabricated documents, viz., Salary Slips, in respect of persons who are not eligible for obtaining loans, and fraudulently obtained Bank Loan from the State Bank of Sourashtra during the period 2005 - 2007 for the construction houses by A-1, viz., M/s.Om Ayngaran Foundation and thereby, dishonestly cheated the Bank and committed the said offences.

¶18

4 The learned counsel for the petitioner/appellant/A-3 would submit that there are arguable points available in the appeal and that the petitioner has got a fair chance of succeeding the appeal and would pray that the substantive sentence imposed against the petitioner may be suspended. He would also submit that the fine amount has been paid and the trial Court has also suspended the sentence of imprisonment till 28.06.2019 and further extended the same till tomorrow [04.07.2019].

¶19

5 The learned Special Public Prosecutor [CBI] has raised objections for suspending the sentence.

¶20

6 Taking into consideration the submissions made by the learned counsels, the substantive sentences of imprisonment alone is suspended.

¶21

https://hcservices.ecourts.gov.in/hcservices/

¶22

7 Hence, the sentences of imprisonment imposed on the petitioner/appellant/A-3 by the Trial Court alone is hereby suspended till the disposal of the appeal and the petitioner/appellant/A-3 is ordered to be enlarged on bail on his executing a bond for Rs.50,000/- [Rupees Fifty thousand only] with two sureties each for a like sum to the satisfaction of the learned XI Additional Special Judge [Case dealing with Banking and Financial Institution Cases], CBI Court, Chennai and on further condition that the petitioner/appellant/A-3 shall report before the trial Court on the first working day of every English Calendar month at 10.30 a.m., pending appeal.

¶23

-sd/-

¶24

03/07/2019 This order, on being produced, be punctually observed and carried into execution by all concerned

¶25

TRUE COPY

¶26

Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104. TO

¶27

1 THE XI ADDITIONAL SPECIAL JUDGE, (CASE DEALING WITH BANKING AND FINANCIAL INSTITUTION CASES), CBI COURT, CHENNAI

¶28

2 THE SPECIAL PUBLIC PROSECUTOR FOR CBI CASES, HIGH COURT, MADRAS

¶29

3 THE INSPECTOR OF POLICE, CENTRAL BEURO OF INVESTIGATION (CBI), SPE/CBI/EOW/CHENNAI

¶30

+1 C.C. to M/S.V.GANESH Advocate on payment of necessary charges SR.NO.13295

¶31

Order

¶32

in CRL MP.No.8718/2019 in CRL.A.No.400/2019

¶33

Date :03/07/2019

¶34

From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format cm 04/07/2019

¶35

https://hcservices.ecourts.gov.in/hcservices/

M.Vijayakumar v. State Rep. by

Case brief

What is this about?

What did the court decide?

M.Vijayakumar v. State Rep. by

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rajeswari Vs Pichaipillai

Mr.K.Prem Anand, Vs the Director General of Police

S.Baskaran Vs the State Rep by Its

V.Anbazhagan Vs Chief Secretary

P.S.Moorthi Vs J.a.Nazar, Proprietor of

M.Vijayakumar Vs State Represented by