Disposed

N.Ramakrishnan v. State Rep by

Madras HC9 Jul 2019CRL MP/9000/2019

Case brief

AI extract

What is this about?

The High Court ordered the suspension of the concurrent custodial sentence of the appellant pending the disposal of his appeal against conviction and sentenced under Section 439 CrPC. The prisoner was enlarged on bail with substantial sureties and directed to report monthly.

What did the court decide?

Ordinary sentence suspended and appellant enlarged on bail on ₹50,000 bond with two sureties of ₹50,000 each, conditionally reporting monthly.

N.Ramakrishnan Vs State Rep by — Bail and Remand | Madras HC (2019)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

( Criminal Jurisdiction )

¶3

Tuesday, the Ninth day of July Two Thousand Nineteen

¶4

PRESENT

¶5

The Hon`ble Mr Justice A.D.JAGADISH CHANDIRA CRIMINAL MISCELLANEOUS PETITION No.9000 of 2019

¶6

IN CRL.A.NO.412/2019

¶7

N.RAMAKRISHNAN [ PETITIONER ]

¶8

¶9

STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, SP CBI EOW/ACB, CHENNAI.

¶10

Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in Criminal Appeal No.412/2019 on the file of the High Court, the High Court will be pleased to suspend the execution of the sentence dated 11.06.2019 passed in CC No.36/1998 against the petitioner/Appellant by the Honble VIII Additional District Court (Principal Special Judge for CBI Cases) Chennai and pending disposal of the above appeal.

¶11

Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in Crl. Appeal No.412/2019 on the file of the High Court and upon hearing the arguments of M/S.A.ABDUL RAHIM 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-19, to suspend the sentence of imprisonment imposed in the judgment dated 11.06.2019 made in Calendar Case No.36/1998 on the file of the learned Principal Special Judge for CBI Cases, VIII Additional City Civil Court, Chennai, pending disposal of the appeal.

¶13

2. The petitioner/appellant is arrayed as A-19 out of 27 accused and he was found guilty of the offences u/s.120B read with 420, 109 r/w 420, 467, 471 r/w 467, 468 IPC and section 13[2] read with 13[1][c]& [d] of the Prevention of the Corruption Act, 1988 and 109 r/w 420 IPC [6 counts] and he has been convicted and sentenced as under:

¶14

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

¶15

S.No.	Conviction	S	entence
1.	120B read with 420,	3 years R.I and	fine of Rs.10,000/-
	109 r/w 420, 467, 471 r/w 467, 468 IPC	with a default simple imprisonm	sentence of 9 months ent.
2.	109 r/w 420 IPC [6	3 years R.I and	fine of Rs.10,000/-
	counts]	with a default simple imprisonm	sentence of 9 months ent for each count.

¶16

Aggrieved against the same, the petitioner/appellant/A-19 has preferred this appeal.

¶17

3. The case of the prosecution is that A-1 to A-19 along with the other accused, entered into criminal conspiracy to do certain illegal acts in order to cheat the Indian Bank, by abusing their official power and duty, had accorded sanction to Secured Over Draft [SOD] to the tune of Rs.30 Crores and granted the same to M/s.Ramraj Trading Co.vt Ltd., M/s.Jaimatha Farm Dealers Pvt Ltd., M/s.Well Stores [Madras] Pvt Ltd., etc., by creating forged and fabricated documents and thereby, dishonestly cheated the Bank and committed the said offences.

¶18

4. The learned counsel for the petitioner/appellant/A-19 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 11.07.2019.

¶19

5. The learned Special Public Prosecutor [CBI] has raised objections to suspend the sentence.

¶20

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

¶21

7. Hence, the substantive sentences of imprisonment imposed on the petitioner/appellant/A-19 by the Trial Court alone is hereby suspended till the disposal of the appeal and the petitioner/appellant/A-19 is ordered to be enlarged on bail on his executing a bond for Rs.50,000/- [Rupees Fifty Thousand only] with https://hcservices.ecourts.gov.in/hcservices/ two sureties each for a like sum to the satisfaction of the learned

¶22

Principal Special Judge for CBI Cases, VIII Additional City Civil Court, Chennai, and on further condition that the petitioner/appellant/A-19 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

09/07/2019

¶25

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

¶26

TRUE COPY

¶27

Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104. TO 1 THE VIII ADITIONAL DISTRICT COURT [PRINCIPAL SPECIAL JUDGE FOR CBI CASES,CHENNAI 2 THE PRINCIPAL SPECIAL JUDGE FOR CBI CASES, VIII ADDITIONAL CITY CIVIL COURT, CHENNAI 3 THE SPECIAL PUBLIC PROSECUTOR FOR CBI CASES, HIGH COURT,MADRAS 4 STATE REP BY INSPECTOR OF POLICE, SP CBI EOW/ACB, CHENNAI. +1 C.C. to M/S.A.ABDUL RAHIM Advocate on payment of necessary charges SR.NO. 13814

¶28

Order in CRL MP.9000/2019 IN CRL.A.NO.412/2019 Date :09/07/2019 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format

¶29

https://hcservices.ecourts.gov.in/hcservices/ RD 10/07/2019

N.Ramakrishnan v. State Rep by

Case brief

What is this about?

What did the court decide?

N.Ramakrishnan 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

Zahir Hussan @ Raja Vs the Inspector of Police

S.Sekar Vs State Rep. by

V.Subramani Vs the State by

C.Karthik Vs the Inspector of Police

Durai Vs the Inspector of Police

Attica Gold Company Pvt. Ltd. Vs the State Rep. by