Allowed

D.Rajasekaran v. State Rep by

Madras HC5 Dec 2023CRL MP/18983/2023

Case brief

AI extract

What is this about?

The High Court granted the suspension of the petitioner's sentence under Section 389(1) CrPC. The Court held that since the pending Criminal Appeal had arguable points, the imprisonment could be suspended on the execution of a bond with two sureties and monthly appearances before the trial court.

What did the court decide?

Suspension of sentence and enlargement on bail with a bond of Rs.50,000 and two sureties.

D.Rajasekaran Vs State Rep by — Corruption | Madras HC (2023)

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Crl.M.P.No.18983 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 05.12.2023

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CORAM

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THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA

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Crl.M.P.No.18983 of 2023 in Crl.A.No.1438 of 2023

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D.Rajasekaran

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... Petitioner/Appellant

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Vs.

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The State represented by, The Inspector of Police, Vigilance and Anti-Corruption, Kanchipuram.

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(Crime No.05/AC/2008/KM)

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... Respondent

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PRAYER: Criminal Miscellaneous Petition filed under Section 389(1) of Cr.P.C., pleased to suspend the sentence and enlarge the petitioner on bail connected in Special Case No.10 of 2010 on the file of the learned Chief Judicial Magistrate cum Special Judge, Chengalpet.

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For Petitioner : Mr.P.Ezhil Nilavan

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For Respondent : Mr.Udayakumar Government Advocate (Crl.Side)

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1/6

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https://www.mhc.tn.gov.in/judis

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O R D E R

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Crl.M.P.No.18983 of 2023

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This Criminal Miscellaneous Petition has been filed by the

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petitioner/appellant, seeking suspension of sentence, imposed by the learned Chief Judicial Magistrate cum Special Judge, Chengalpet, vide judgment in Special Case No.10 of 2010 dated 31.10.2023.

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The conviction and sentence imposed against the

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petitioner/appellant is as follows:-

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*Under Section*	*Sen*	*tence*
7 of Prevention of Corruption Act, 1988	three years of simp a fine of Rs.10, undergo six imprisonment.	le impris 000/-, in months	onment and default, to simple
13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988	three years of simp a fine of Rs.10, undergo six imprisonment.	le impris 000/-, in months	onment and default, to simple

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According to the learned counsel for the petitioner/appellant,

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there are arguable points available in the Criminal Appeal, which is not likely to be taken for final hearing in the near future and the petitioner/appellant has got a fair chance of succeeding in the Criminal Appeal and hence, the sentence imposed against the petitioner/appellant may

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https://www.mhc.tn.gov.in/judis 2/6

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Crl.M.P.No.18983 of 2023

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be suspended and the petitioner/appellant may be enlarged with bail. He further submitted that the trial Court, while convicting the petitioner, has suspended the sentence till 04.12.2023.

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Learned Government Advocate (Crl.Side) appearing for the respondent submitted that the prosecution has proved the case beyond reasonable doubts and the trial Court on finding the petitioner/appellant guilty, convicted him as stated above. Therefore, he vehemently opposed for grant of suspension of sentence.

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Heard the learned counsel for the petitioner/appellant and

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Government Advocate (Crl.Side) appearing for the respondent and perused the materials on record.

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Considering the facts and circumstances of the case and also considering the submissions made by the learned counsel for the petitioner/appellant, this Court is of the view that the sentence of imprisonment can be suspended on certain conditions. Accordingly, till the disposal of the Criminal Appeal, suspension of sentence is granted, on the

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https://www.mhc.tn.gov.in/judis 3/6

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Crl.M.P.No.18983 of 2023

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following conditions :-

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i. The petitioner/appellant shall execute bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only), with two sureties, each for a like sum to the satisfaction of the learned Chief Judicial Magistrate cum Special Judge, Chengalpet;

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ii. The petitioner/appellant shall appear before the trial Court on the first working day of every English Calendar month at 10.30 a.m., until further orders.

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Accordingly, the Criminal Miscellaneous Petition stands

ordered.

05.12.2023

ham

https://www.mhc.tn.gov.in/judis 4/6

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Crl.M.P.No.18983 of 2023

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The Chief Judicial Magistrate cum Special Judge, Chengalpet.

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The Inspector of Police, Vigilance and Anti-Corruption, Kanchipuram.

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The Public Prosecutor, High Court of Madras.

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https://www.mhc.tn.gov.in/judis

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5/6

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Crl.M.P.No.18983 of 2023

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A.D.JAGADISH CHANDIRA, J.

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ham

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Crl.M.P.No.18983 of 2023 in Crl.A.No.1438 of 2023

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05.12.2023

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2/2

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D.Rajasekaran v. State Rep by

Case brief

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D.Rajasekaran v. State Rep by

Case brief

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