Allowed

R.Arutprakasam v. State Rep by

Madras HC12 Dec 2024CRL MP/17709/2024

Case brief

AI extract

What is this about?

The Single Judge allowed the miscellaneous petition filed under Section 430 of the Bharatiya Nyaya Sanhita, 2023, suspending the substantive sentence of the petitioner convicted under the Prevention of Corruption Act and enlarging him on bail pending his appeal due to arguable points in the case.

What did the court decide?

Suspension of the substantive sentence of imprisonment; direction to enlarge the petitioner on bail with a bond and sureties; undertaking to appear at the Special Court bi-monthly.

R.Arutprakasam Vs State Rep by — Corruption | Madras HC (2024)

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CRL.M.P.No.17709 of 2024 in Crl.A.No.1567 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 12.12.2024

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CORAM

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MR.JUSTICE N.SESHASAYEE

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CRL.M.P.No.17709 of 2024 in Crl.A.No.1567 of 2024

R.Arulprakasam

... Petitioner

Vs.

State, Represented by Inspector of Police Vigilance and Anti-Corruption Cuddalore

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... Respondent

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Prayer: The miscellaneous petition is filed U/s.430 of BNSS Act, 2023, to suspend of the sentence passed in Spl.Case No.20 of 2020 dated 14.11.2024 convicting the appellant by the Chief Judicial Magistrate / Special Judge at Cuddalore, and enlarge on bail pending disposal of the Criminal Appeal.

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For Petitioner : Mr.M.Balaji

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For Respondent : Mr.K.M.D.Muhilan Government Advocate (Crl. Side)

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1/4 https://www.mhc.tn.gov.in/judis

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CRL.M.P.No.17709 of 2024 in Crl.A.No.1567 of 2024

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ORDER

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The Petitioner / appellant / A2 was convicted for the offences U/s.7 of the Prevention of Corruption Act, 1988 as amended by the Prevention of Corruption (Amendment) Act, 2018, and sentenced to undergo two (2) years S.I. and to pay a fine of Rs.5,000/- in default to undergo six (6) months S.I. for offence U/s.7 of the Prevention of Corruption Act, 1988, as amended by the Prevention of Corruption (Amendment) Act, 2018, by the learned Special Judge cum Chief Judicial Magistrate, Cuddalore, under judgment in Special Case No.20 of 2020 dated 14.11.2024. 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 13.12.2024. 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.

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2/4 https://www.mhc.tn.gov.in/judis

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CRL.M.P.No.17709 of 2024 in Crl.A.No.1567 of 2024

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3.Heard Mr.K.M.D.Muhilan, the learned Government Advocate (Crl.

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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, 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 thousand only) with two sureties each for a like sum to the satisfaction of the learned Special Judge cum Chief Judicial Magistrate, Cuddalore, and on further condition that the petitioner shall appear

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3/4

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

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CRL.M.P.No.17709 of 2024 in Crl.A.No.1567 of 2024

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N.SESHASAYEE, J.

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kas

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before the said Court on the first working day of every English calender month at 10.30 a.m. until further orders.

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12.12.2024 (2/2)

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kas

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Note: Issue order copy on 12.12.2024

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CRL.M.P.No.17709 of 2024 in Crl.A.No.1567 of 2024

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4/4 https://www.mhc.tn.gov.in/judis

R.Arutprakasam v. State Rep by

Case brief

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R.Arutprakasam v. State Rep by

Case brief

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