Disposed

P.Sakkarai v. State by

Madras HC6 Nov 2024CRL MP/15351/2024

Case brief

AI extract

What is this about?

Appellant convicted of offences under Sections 7 and 13(2) r/w 13(1)(d) of the Prevention of Corruption Act sought suspension of sentence pending appeal. Noting infirmities and contradictions in the prosecution case and delay in hearing, the court suspended the imprisonment and enlarged him on bail on bond conditions.

What did the court decide?

Suspension of substantive sentence; petitioner enlarged on bail on a Rs.10,000 bond with two sureties and monthly court appearance condition.

P.Sakkarai Vs State by — Corruption | Madras HC (2024)

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Crl.M.P.No.15351 of 2024 in Crl.A.No.1341 of 2024

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Crl.M.P.No.15351 of 2024 in Crl.A.No.1341 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 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 R.I. and to pay a fine of Rs.1,000/- and in default to undergo three (3) months 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, Kancheepuram under judgment in Special S.C.No.5 of 2024 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 temporarily and the petitioner is in bail. The learned counsel further submits that there are

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

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Crl.M.P.No.15351 of 2024 in Crl.A.No.1341 of 2024

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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 2/4

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

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Crl.M.P.No.15351 of 2024 in Crl.A.No.1341 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, Kancheepuram, 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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06.11.2024 (2/2)

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Note to office : Issue order copy on 07.11.2024

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

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Crl.M.P.No.15351 of 2024 in Crl.A.No.1341 of 2024

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N.SESHASAYEE, J.

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kas

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Crl.M.P.No.15351 of 2024 in Crl.A.No.1341 of 2024

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06.11.2024 (2/2)

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4/4

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

P.Sakkarai v. State by

Case brief

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What did the court decide?

P.Sakkarai v. State by

Case brief

What is this about?

What did the court decide?

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