Disposed

R. Sivasubramaniam v. the Inspector of Police

Madras HC29 Apr 2019CRL MP(MD)/4338/2019

Case brief

AI extract

What is this about?

In a criminal appeal filed for suspension of sentence, the Madurai Bench of Madras High Court suspended the substantive imprisonment sentence and granted bail to the appellant. The court held that arguable points existed in the appeal and considering the period of incarceration, the relief was justiciable to bail enforcement.

What did the court decide?

Suspension of substantive sentence of imprisonment; enlargement on bail with bond and surety conditions pending disposal of appeal.

R. Sivasubramaniam Vs the Inspector of Police — Corruption | Madras HC (2019)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )

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Monday, the Twenty Ninth day of April Two Thousand Nineteen

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PRESENT

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The Hon`ble Mr.Justice M.DHANDAPANI

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CRL MP(MD) No.4338 of 2019 IN CRL A(MD) No.207 of 2019

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R. SIVASUBRAMANIAM ... PETITIONER/APPELLANT/A7 ACCUSED

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THE INSPECTOR OF POLICE, CENTRAL BUREAU OF INVESTIGATION, ANTI-CORRUPTION BRANCH, SHASTRI BHAVAN, CHENNAI-600 006, RC/MA1/A0031 ... RESPONDENT/RESPONDENT

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Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to suspend the sentence and grant bail to the Appellant/Accused No.7 against the Jdugement dated 05/04/2019 in C.C.No.24/2012 on the file of II Additional District Court for CBI Cases, Madurai in RC/MA1/2011/A0031 on the file of the Respondent Police pending disposal of the instant Criminal Appeal.

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Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.M.S.JOHNNY BASHA, Advocate for the petitioner and of MR.N.NAGENDRAN, Special Public Prosecutor for CBI cases on behalf of the Respondent, While admitting the CRL A, the court made the following order:-

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The petitioner was convicted by the Judgment dated 05.04.2019 https://hcservices.ecourts.gov.in/hcservices/ by the II Additional District Court for CBI Cases, Madurai in C.C.No.24 of 2012 in the following manner.

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Cha	rges Pr	oved	unde	r Sections	Punishmen	t (Impri	sonm	ent and Fine)
120	-B r/w	420	IPC		Rigorous	Imprison	ment	for 3 years	and
Sec	tion 13	(2)	r/w	13 (1) (c)	to pay	a fine	of	Rs.25,000/-	in
of	Preven	tion	of	Corruption	default	to	un	dergo si	mple
Act	1988,	13	(2)	r/w 13 (1)	Imprisonm	ent for	six	months;
(d)	of	P	reven	tion of
Cor	ruption	Act	, 198	8.
420	IPC				Rigorous	Imprison	ment	for 3 years	and
					to pay	a fine	of	Rs.25,000/-	in
					default Imprisonm	to ent for	un six	dergo si months;	mple
Tot	al Fine				Rs.50,000	/-

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The Sentence of imprisonment should run concurrently awarded to the appellant/A7.

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2.The learned counsel appearing for the petitioner would submit that the petitioner is not a public servant. He would further submit that the petitioner has paid the entire loan amount and also the penalty amount. Hence, he prayed for suspension of sentence.

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3.The learned Special Public Prosecutor for CBI Cases did not dispute the above said submission made by the learned counsel for the petitioner.

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4.Having regard to the fact that there are arguable points involved in the appeal and further, the appeal is not likely to be taken up for final hearing in the near future and also considering the period of incarceration, I am of the considered opinion that the petitioner is entitled for the relief of suspension of sentence.

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5.Accordingly, the substantive sentence of imprisonment alone is suspended and the petitioner is directed to be enlarged on bail, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), with two sureties each for a like sum to the satisfaction of II Additional District Court for CBI Cases, Madurai, and on further conditions.

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(i) that the petitioner shall appear before the said Court as and when required, pending disposal of the appeal.

sd/-

29/04/2019

/ TRUE COPY /

https://hcservices.ecourts.gov.in/hcservices/ Sub-Assistant Registrar (C.S.ii) Madurai Bench of Madras High Court, Madurai - 625 023.

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1.THE II ADDITIONAL DISTRICT JUDGE FOR CBI CASES, MADURAI.

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2.THE INSPECTOR OF POLICE, CENTRAL BUREAU OF INVESTIGATION, ANTI-CORRUPTION BRANCH,

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SHASTRI BHAVAN, CHENNAI-600 006.

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3.THE SPECIAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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ORDER IN CRL MP(MD) No.4338 of 2019 IN CRL A(MD) No.207 of 2019 Date :29/04/2019

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AE/VR/SAR-II/ (03.05.2019) 4P 4C

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

R. Sivasubramaniam v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

R. Sivasubramaniam v. the Inspector of Police

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

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