Allowed

M.S.Mohammed Ghouse v. State Rep by

Madras HC15 Dec 2023CRL MP/19462/2023

Case brief

AI extract

What is this about?

The High Court granted suspension of the petitioner's sentence of rigorous imprisonment on charges under the Prevention of Corruption Act, contingent upon the execution of a bond with sureties and monthly appearance before the trial court while his criminal appeal awaits hearing.

What did the court decide?

Suspension of sentence granted on execution of bond with two sureties for Rs.50,000 and monthly appearance before the trial court.

M.S.Mohammed Ghouse Vs State Rep by — Corruption | Madras HC (2023)

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Crl.M.P.No.19462 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 15.12.2023

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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.19462 of 2023 in Crl.A.No.1532 of 2023

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M.S.Mohammed Ghouse ... Petitioner/Appellant

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Vs.

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State represented by, The Inspector of Police, Vigilance and Anti-Corruption, Chennai City-II Detachment.

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... Respondent

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PRAYER: Criminal Miscellaneous Petition filed under Section 389(1) of

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Cr.P.C., pleased to suspend the sentence imposed on the petitioner/accused

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in Special Calender Case No.10 of 2014 on the file of the learned Chief Judicial Magistrate-cum-Special Judge, Thiruvallur and enlarge the appellant on bail, pending disposal of the criminal appeal.

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For Petitioner : Mr.T.R.Ravi For Respondent : Mr.S.Udaya Kumar Government Advocate (Crl.Side)

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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.19462 of 2023

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This Criminal Miscellaneous Petition has been filed by the petitioner/appellant, seeking suspension of sentence imposed by the learned Chief Judicial Magistrate cum Special Judge, Thiruvallur, in Special C.C.No.10 of 2014 vide judgment dated 27.11.2023.

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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*	*Sentence*
7 of Prevention of Corruption Act, 1988	three years rigorous imprisonment and a fine of Rs.20,000/-, in default, to undergo three months simple imprisonment.
13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988	three years rigorous imprisonment and a fine of Rs.20,000/-, in default, to undergo three months simple imprisonment.

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Learned counsel for the petitioner/appellant submitted that the

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fine amount has been paid by the petitioner/appellant. According to the learned counsel for the petitioner/appellant, 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

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Crl.M.P.No.19462 of 2023

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succeeding in the Criminal Appeal and hence, the sentence imposed against the petitioner/appellant may 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 26.12.2023.

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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

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Crl.M.P.No.19462 of 2023

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disposal of the Criminal Appeal, suspension of sentence is granted, on the 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, Thiruvallur ;

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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.

15.12.2023

ham

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

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Crl.M.P.No.19462 of 2023

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The Chief Judicial Magistrate cum Special Judge, Thiruvallur.

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The Inspector of Police, Vigilance and Anti-Corruption, Chennai City-II Detachment.

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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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Crl.M.P.No.19462 of 2023

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A.D.JAGADISH CHANDIRA, J.

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ham

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Crl.M.P.No.19462 of 2023 in Crl.A.No.1532 of 2023

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15.12.2023

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M.S.Mohammed Ghouse v. State Rep by

Case brief

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M.S.Mohammed Ghouse v. State Rep by

Case brief

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