Allowed

M.Sobana v. The Inspector of Police

Madras HC15 Oct 2020CRL MP(MD)/5190/2020

Case brief

AI extract

What is this about?

This order grants suspension of the substantive sentence of imprisonment and orders release on bail pending disposal of a criminal appeal against a conviction under the Prevention of Corruption Act, citing substantial points requiring detailed consideration.

What did the court decide?

Sentence of imprisonment suspended; released on bail upon executing a bond with sureties and appearing before the Special Judge monthly.

M.Sobana Vs The Inspector of Police — Corruption | Madras HC (2020)

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CRL MP(MD) No.5190 of 2020

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

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Thursday, the Fifteenth day of October Two Thousand Twenty

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PRESENT

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The Hon`ble Mr.Justice G.R.SWAMINATHAN

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CRL MP(MD) No.5190 of 2020 IN CRL A(MD) No.313 of 2020

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M.SOBANA

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... PETITIONER/ APPELLANT/ ACCUSED NO.2

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STATE REP.BY THE INSPECTOR OF POLICE VIGILANCE AND ANTI CORRUPTION POLICE STATION, SIVAGANGAI. CRIME NO.07/2011

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... RESPONDENT/ RESPONDENT/ COMPLAINANT

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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 of 4 years of Simple Imprisonment u/s 109 of IPC r/w u/s 13(2) r/w 13(1)(e) of the Prevention of Corruption Act 1988 imposed against the Appellant in Judgment dated 01.10.2020 made in Special C.C.No.80 of 2014 on the file of the Special Court for Trial of Cases Under prevention of Corruption Act, sivagangai and enlarge the Appellant on bail pending disposal of the above Criminal Appeal.

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PRAYER IN CRL A(MD) No.313 of 2020:

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To call for the judgment of conviction and sentence dated 01.10.2020 passed in Special C.C.No.80 of 2014 on the file of the Special Court for Trial of Cases Under Prevention of Corruption Act, Sivagangai in Crime No.07 of 2011 on the file of the Respondent Police convicting the 1^st Appellant U/s 13(2) r/w.13(1)(e) of the Prevention of Corruption Act, 1988 imposing a sentence to undergo Simple Imprisonment for a Period of 4 years and also imposing a fine of Rs.5,000/- in default to undergo 6 months Simple Imprisonment and the 2^nd Appellant U/s 109 of IPC r/w. U/s 13(2) r/w.13(1)(e) of the Prevention of Corruption Act, 1988 imposing a sentence to undergo Simple Imprisonment for a period of 4 years and also imposing a fine of Rs.5,000/- in default to undergo 6 months Simple Imprisonment and acquit the Appellants by allowing the above appeal.

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

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CRL MP(MD) No.5190 of 2020

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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.K.GOVINDARAJAN, Advocate for M/S.J.LAWRANCE, Advocate for the petitioner, While admitting the CRL.A., the court made the following order:-

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The petitioner has been convicted by the learned trial Judge for the offence under Section 109 of I.P.C. r/w 13(2) r/w 13(i)(e) of Prevention of Corruption Act, 1988, to undergo four years simple imprisonment and to pay a fine of Rs.5,000/-, in default of payment of fine to undergo simple imprisonment for a further period of six months under Section 109 of I.P.C. r/w 13(2) r/w 13(i)(e) of Prevention of Corruption Act, 1988, in Spl.C.C.No.80 of 2014 on the file of the Special Court for Trial of Cases under Prevention of Corruption Act, Sivagangai.

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2 . The learned counsel for the petitioner has raised substantial points in the memorandum of appeal, which require a detailed consideration by this Court.

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3.Considering the facts and circumstances of the case and also considering the submissions of the learned counsel for the petitioner that there are several infirmities in the prosecution case in respect of the petitioner and that there are arguable points involved in the appeal and further that the appeal is not likely to be taken up for final hearing in the near future, this Court is of the view that the petitioner herein is entitled to the relief of suspension of sentence.

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4 . Accordingly, this petition is allowed and the substantive sentence of imprisonment alone is suspended pending disposal of the appeal and the petitioner is ordered to be released on bail on her executing 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 the Special Judge for Trial of Cases under Prevention of Corruption Act, Sivagangai and on further condition that the petitioner shall appear before the said court on the first working day of every month at 10.30 am, pending appeal.

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sd/15/10/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct https://hcservices.ecourts.gov.in/hcservices/ copy,shall be the responsibility of the advocate/litigant concerned.

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CRL MP(MD) No.5190 of 2020

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1 THE SPECIAL JUDGE FOR TRIAL OF CASES UNDER PREVENTION OF CORRUPTION ACT, SIVAGANGAI.

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2 THE INSPECTOR OF POLICE VIGILANCE AND ANTI CORRUPTION POLICE STATION, SIVAGANGAI.

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3 THE SUPERINTENDENT,CENTRAL PRISON FOR WOMEN, MADURAI.

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4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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+1 CC to M/s.J.LAWRANCE, Advocate ( SR-7046[I] dated 15/10/2020 )

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MS/PN/SAR-2/15.10.2020/3P.6C

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

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M.Sobana v. The Inspector of Police

Case brief

What is this about?

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M.Sobana v. The Inspector of Police

Case brief

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