The Single Judge ordered the suspension of the merged substantive sentence and directed the release of the appellant on bail during the pendency of the criminal appeal, noting arguable points and infirmities in the prosecution case.
Substantive sentence suspended; petitioner enlarged on bail with non-bailable bond and monthly appearance.
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Crl.M.P.No.14307 of 2024 in Crl.A.No.1281 of 2024
Crl.M.P.No.14307 of 2024 in Crl.A.No.1281 of 2024
N.SESHASAYEE, J.
Petitioner / appellant was convicted for the offences U/s.7 and Section 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988, and sentenced to undergo one (1) year R.I. and to pay a fine of Rs.1,000/- in default to undergo three (3) months S.I. for offence U/s.7 of the Prevention of Corruption Act, 1988, and sentenced to undergo one (1) year of R.I. and to pay a fine of Rs.5,000/- and in default to undergo fifteen (15) months S.I. for offences U/s.13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988, by the learned Special Judge under Prevention of Corruption Act cum Chief Judicial Magistrate, Cuddalore, under judgment in Special C.No.1 of 2013 dated 10.09.2024. Hence, the petitioner seeks suspension of sentence.
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Crl.M.P.No.14307 of 2024 in Crl.A.No.1281 of 2024
inconsistencies found in the prosecution case and there are contradictions in
the material particulars between the evidence of the prosecution witnesses.
3.Heard Mr.R.Kishore Kumar, the learned Government Advocate (Crl.
Side) and the learned counsel appearing for the petitioner.
5.The substantive sentence of imprisonment alone is suspended accordingly, 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) each with two sureties each for a like sum to the satisfaction 2/4
Crl.M.P.No.14307 of 2024 in Crl.A.No.1281 of 2024
of the learned Special Judge under Prevention of Corruption Act cum Chief Judicial Magistrate, Cuddalore, and on further condition that the petitioner shall appear before the said Court on the first working day of every month at 10.30 a.m. until further orders.
17.10.2024 (2/2)
Note to office : Issue order copy on 17.10.2024
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Crl.M.P.No.14307 of 2024 in Crl.A.No.1281 of 2024
N.SESHASAYEE, J.
kas
Crl.M.P.No.14307 of 2024 in Crl.A.No.1281 of 2024
17.10.2024 (2/2)
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2 issues framed by the court
Whether the sentence should be suspended pending the final hearing of the criminal appeal.
Whether the appellant is entitled to bail for the purpose of suspension of sentence given infirmities in prosecution case.
Unidentified Petitioner
State of Tamil Nadu
N. Seshasayee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
