Court granted suspension of sentence to petitioner convicted under Prevention of Corruption Act. Bail allowed pending final hearing of appeal due to infirmities in prosecution case. Conditions attached to bail.
Substantive sentence of imprisonment suspended; petitioner enlarged on bail with bond for Rs.10,000 and sureties.
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Crl.M.P.No.15366 of 2024 in Crl.A.No.1343 of 2024
Crl.M.P.No.15366 of 2024 in Crl.A.No.1343 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 two (2) years S.I. and to pay a fine of Rs.10,000/- 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 two (2) years S.I. and to pay a fine of Rs.10,000/- 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 Special Judge cum Chief Judicial Magistrate, Chengalpet, under judgment in Special Case No.9 of 2011 dated 19.10.2024. Hence, the petitioner seeks suspension of sentence.
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Crl.M.P.No.15366 of 2024 in Crl.A.No.1343 of 2024
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.
3.Heard Mr.K.M.D.Muhilan, 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 2/5
Crl.M.P.No.15366 of 2024 in Crl.A.No.1343 of 2024
thousand only) with two sureties each for a like sum to the satisfaction of the learned Special Judge cum Chief Judicial Magistrate, Chengalpet, 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.
05.11.2024 (2/2)
Note to office : Issue order copy on 07.11.2024
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Crl.M.P.No.15366 of 2024 in Crl.A.No.1343 of 2024
N.SESHASAYEE, J.
kas
Crl.M.P.No.15366 of 2024 in Crl.A.No.1343 of 2024
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Crl.M.P.No.15366 of 2024 in Crl.A.No.1343 of 2024
05.11.2024 (2/2)
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2 issues framed by the court
Whether the petitioner is entitled to suspension of sentence given infirmities in prosecution case and arguable points in appeal?
Whether to grant bail on the condition of executing bond and appearing monthly?
2 provisions across 1 enactments
petitioner / appellant
State (imp)
N.SESHASAYEE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
