Petitioner convicted under the Prevention of Corruption Act sought suspension of sentence pending appeal. Noting infirmities and arguable points and that the appeal would not be heard soon, the court suspended the substantive sentence and enlarged him on bail with conditions.
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Crl.M.P.No.15925 of 2024 in Crl.A.No.1398 of 2024
Crl.M.P.No.15925 of 2024 in Crl.A.No.1398 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 three (3) years R.I. and to pay a fine of Rs.10,000/- 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 three (3) years R.I. and to pay a fine of Rs.10,000/- 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, Udhagamandalam, under judgment in Special C.C.No.3 of 2024 dated 29.10.2024. Hence, the petitioner seeks suspension of sentence.
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Crl.M.P.No.15925 of 2024 in Crl.A.No.1398 of 2024
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 2/4
Crl.M.P.No.15925 of 2024 in Crl.A.No.1398 of 2024
thousand only) with two sureties each for a like sum to the satisfaction of the learned Chief Judicial Magistrate, Udhagamandalam, 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.
15.11.2024 (2/2)
Note to office : Issue order copy on 19.11.2024
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Crl.M.P.No.15925 of 2024 in Crl.A.No.1398 of 2024
N.SESHASAYEE, J.
kas
Crl.M.P.No.15925 of 2024 in Crl.A.No.1398 of 2024
15.11.2024 (2/2)
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1 issue framed by the court
Whether the substantive sentence of imprisonment imposed on the petitioner in a corruption case should be suspended pending appeal.
2 provisions across 1 enactments
Petitioner / appellant
N.SESHASAYEE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
