Two appellants convicted under Sections 13(2)/13(1)(e) PC Act and Section 109 IPC sought suspension of sentence pending appeal. The court, noting infirmities in the prosecution case and arguable points in the appeal, suspended the substantive imprisonment and enlarged them on bail with bond and surety conditions.
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Crl.M.P.No.15320 of 2024 in Crl.A.No.1339 of 2024
Crl.M.P.No.15320 of 2024 in Crl.A.No.1339 of 2024
N.SESHASAYEE, J.
The 1st petitioner / 1st appellant was convicted for the offences U/s.13(2) r/w 13(1)(e) of the Prevention of Corruption Act, 1988, and sentenced to
undergo four (4) years R.I. and to pay a fine of Rs.1,00,000/- in default to undergo six (6) months S.I. for offence U/s.13(2) r/w 13(1)(e) of the Prevention of Corruption Act, 1988. The 2nd petitioner / 2nd appellant was convicted for the offences U/s.13(2) r/w 13(1)(e) of the Prevention of Corruption Act, 1988, and U/s.109 I.P.C, and sentenced to undergo four (4) years R.I. and to pay a fine of Rs.1,00,000/- in default to undergo six (6) months S.I. for offence U/s.13(2) r/w 13(1)(e) of the Prevention of Corruption Act, 1988, and U/s.109 I.P.C, by the learned Special Judge, Prevention of Corruption Act Cases, Chennai, under judgment in Special C.C.No.94 of 2011 dated 24.10.2024. Hence, the petitioners seek suspension of sentence.
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Crl.M.P.No.15320 of 2024 in Crl.A.No.1339 of 2024
suspended the sentence imposed on the petitioners temporarily. The 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.
5.The substantive sentence of imprisonment alone is suspended accordingly, and the petitioners are directed to be enlarged on bail on condition that the
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Crl.M.P.No.15320 of 2024 in Crl.A.No.1339 of 2024
petitioners shall execute a bond separately for a sum of Rs.10,000/- (Rupees ten thousand only) each with two sureties each for a like sum to the satisfaction of the learned Special Judge, Special Court for case under P.C. Act, 1988, Chennai District, and on further condition that the petitioners shall appear before the said Court on the first working day of every month at 10.30 a.m. until further orders.
13.11.2024 (2/2)
Note to office : Issue order copy on 13.11.2024
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Crl.M.P.No.15320 of 2024 in Crl.A.No.1339 of 2024
N.SESHASAYEE, J.
kas
Crl.M.P.No.15320 of 2024 in Crl.A.No.1339 of 2024
13.11.2024 (2/2)
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1 issue framed by the court
Whether the sentence imposed on the appellants convicted under the PC Act should be suspended pending appeal?
2 provisions across 2 enactments
1st petitioner / 1st appellant
2nd petitioner / 2nd appellant
N.SESHASAYEE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
