Allowed

Tr.a.B.Syed Babutheen v. State Rep.by

Madras HC4 Nov 2024CRL MP/15093/2024

Case brief

AI extract

What is this about?

Appellant convicted under the Prevention of Corruption Act by the Chief Judicial Magistrate, Tirupur, sought suspension of sentence pending appeal. Noting infirmities in the prosecution case and arguable points in the appeal, the Court suspended the substantive sentence and enlarged the petitioner on bail with conditions.

What did the court decide?

Substantive sentence of imprisonment suspended; petitioner enlarged on bail on bond of Rs.10,000 with two sureties and monthly appearance before CJM, Tirupur.

Tr.a.B.Syed Babutheen Vs State Rep.by — Corruption | Madras HC (2024)

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Crl.M.P.No.15093 of 2024 in Crl.A.No.1322 of 2024

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Crl.M.P.No.15093 of 2024 in Crl.A.No.1322 of 2024

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N.SESHASAYEE, J.

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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 three (3) years R.I. and to pay a fine of Rs.2,000/- in default to undergo one (1) month S.I. for offence U/s.7 of the Prevention of Corruption Act, 1988, and sentenced to undergo three (3) years R.I. and to pay a fine of Rs.2,000/- and in default to undergo one (1) month S.I. for offences U/s.13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988, by the learned Chief Judicial Magistrate, Tirupur, under judgment in Special C.C.No.36 of 2014 dated 18.10.2024. Hence, the petitioner seeks suspension of sentence.

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The learned counsel for petitioner submits that the trial Court has suspended the sentence imposed on the petitioner till 18.11.2024. The

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1/5

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

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Crl.M.P.No.15093 of 2024 in Crl.A.No.1322 of 2024

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learned counsel further submits that there are several infirmities and inconsistencies found in the prosecution case and there are contradictions in the material particulars between the evidence of the prosecution witnesses.

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3.Heard Mr.K.M.D.Muhilan, the learned Government Advocate (Crl. Side) and the learned counsel appearing for the petitioner.

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Considering the facts and circumstances of the case and in view of the fact that there are several infirmities in the prosecution case and there are arguable points involved in the appeal, as contended by the learned counsel for petitioner and that the appeal is not likely to be taken up for final hearing in the near future, this Court is of the considered view that the petitioner herein is entitled to the relief of grant of suspension of sentence.

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5.The substantive sentence of imprisonment alone is suspended accordingly,

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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 2/5

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

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Crl.M.P.No.15093 of 2024 in Crl.A.No.1322 of 2024

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thousand only) with two sureties each for a like sum to the satisfaction of the learned Chief Judicial Magistrate, Tirupur, 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.

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04.11.2024 (2/2)

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Note to office : Issue order copy on 06.11.2024

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

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Crl.M.P.No.15093 of 2024 in Crl.A.No.1322 of 2024

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N.SESHASAYEE, J.

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kas

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Crl.M.P.No.15093 of 2024 in Crl.A.No.1322 of 2024

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4/5

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

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Crl.M.P.No.15093 of 2024 in Crl.A.No.1322 of 2024

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04.11.2024 (2/2)

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5/5

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

Tr.a.B.Syed Babutheen v. State Rep.by

Case brief

What is this about?

What did the court decide?

Tr.a.B.Syed Babutheen v. State Rep.by

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Coram

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