Three convicted appellants in a vigilance corruption case sought suspension of sentence pending appeal. Noting their age over 70 years, payment of fines and arguable points in the appeal, the Court suspended the imprisonment till disposal of the appeal on bonds of Rs.50,000 with two sureties and monthly appearance before the trial court.
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Crl.M.P.No.192 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.01.2024
CORAM
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA
Crl.M.P.No.192 of 2024 in Crl.A.No.44 of 2024
... Petitioners/Appellants
Vs.
The State represented by, The Inspector of Police, Vigilance and Anti-Corruption, Kancheepuram.
(Crime No.7/AC/2000/KM)
... Respondent
PRAYER: Criminal Miscellaneous Petition filed under Sections 389(1) of Cr.P.C., pleased to suspend the sentence of imprisonment imposed by the learned trial Judge by its judgment dated 11.12.2023 in Spl.C.C.No.9 of 2005 on the file of the Special Judge cum Chief Judicial Magistrate, Chengalpattu, pending disposal of the criminal appeal.
For Petitioners : Mr.V.Krishnakumar For Respondent : Mr.S.Santhosh Government Advocate (Crl.Side)
O R D E R
Crl.M.P.No.192 of 2024
This Criminal Miscellaneous Petition has been filed by the petitioners/appellants (A4 to A6 respectively), seeking suspension of sentence imposed by the learned Special Judge cum Chief Judicial Magistrate, Chengalpattu, in Spl.C.C.No.9 of 2005 vide judgment dated 11.12.2023.
| Under Section | Sentence |
|---|---|
| 120-B IPC | six months simple imprisonment and a fine of Rs.5000/-, in default, to undergo one month simple imprisonment. |
| 167 IPC | two years simple imprisonment and a fine of Rs.5000/-, in default, to undergo one month simple imprisonment. |
| 409 IPC | two years simple imprisonment and a fine of Rs.5000/-, in default, to undergo one month simple imprisonment. |
| 468 IPC | two years simple imprisonment and a fine of Rs.5,000/-, in default, to undergo one month simple imprisonment. |
| 109 IPC | two years simple imprisonment and a fine of Rs.5,000/-, in default, to undergo one month simple imprisonment. |
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Crl.M.P.No.192 of 2024
| Under Section | Sentence | |
|---|---|---|
| 13(2) Preven |
r/w 13(1)(c)(d) tion of Corruption |
of Act, two years simple imprisonment and a fine of Rs.5000/-, in default, to undergo one |
| 1988 | month simple imprisonment. | |
| The se | ntences shall run concurrently |
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Crl.M.P.No.192 of 2024
reasonable doubts and the trial Court on finding the petitioners/appellants guilty, convicted them as stated above. Therefore, he vehemently opposed for grant of suspension of sentence.
Government Advocate (Crl.Side) appearing for the respondent and perused the materials on record.
considering the submissions made by the learned counsel for the petitioners/appellants, this Court is of the view that the sentence of imprisonment can be suspended on certain conditions. Accordingly, till the disposal of the Criminal Appeal, suspension of sentence is granted, on the following conditions :-
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Crl.M.P.No.192 of 2024
ordered.
09.01.2024
ham
Note : Issue order copy today (09.01.2024)
To
5/6
Crl.M.P.No.192 of 2024
A.D.JAGADISH CHANDIRA, J.
ham
Crl.M.P.No.192 of 2024 in Crl.A.No.44 of 2024
09.01.2024
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1 issue framed by the court
Should the sentences imposed on the appellants in Spl.C.C.No.9 of 2005 be suspended pending disposal of the criminal appeal under Section 389(1) Cr.P.C.?
7 provisions across 3 enactments
A.Parthasarathy
K.Ramachandran
V.Annadurai
The State represented by, The Inspector of Police, Vigilance and Anti-Corruption, Kancheepuram (Crime No.7/AC/2000/KM)
A.D.Jagadish Chandira
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
