Allowed¶31

D.Radha v. The Inspector of Police

Madras HC18 Mar 2026CRL MP/5110/2026

Case brief

AI extract

What is this about?

suspension of sentence pending appeal; Section 389(1) Cr.P.C.; Section 430(1) Bharatiya Nagarik Suraksha Sanhita; CBI bank fraud conviction; C.C.No.17 of 2013; XXIV Additional City Civil and Sessions Judge for CBI Cases, Chennai; parity with co-accused A1 (Crl.M.P.No.1556 of 2026, 06.02.2026); bond Rs.10,000/- with two sureties; Section 317 Cr.P.C representation; IPC 120B/409/420/468/471; Prevention of Corruption Act 13(2) r/w 13(1)(d); D.Radha (A9); Crl.A.No.305 of 2026; Madras High Court; 18.03.2026.

What did the court decide?

Suspension of the sentence of imprisonment imposed on the petitioner/appellant (A9) till disposal of Crl.A.No.305 of 2026, subject to a bond of Rs.10,000/- with two sureties, periodical appearance before the trial Court, and Section 317 Cr.P.C representation if unable to appear. ¶31

D.Radha Vs The Inspector of Police — Corruption | Madras HC (2026)

What the court decided

AI extract

Outcome

¶31

Issue for consideration

Whether the sentence of imprisonment imposed on the petitioner/appellant (A9) by the judgment dated 09.01.2026 in C.C.No.17 of 2013 should be suspended pending final disposal of the criminal appeal (Crl.A.No.305 of 2026).

¶14

Court's answer

The Court suspended the sentence of imprisonment imposed on the petitioner/appellant till the disposal of the appeal, considering the facts and circumstances of the case, the submissions made by the learned counsel on either side, and taking note of the fact that co-accused A1 had already been granted suspension of sentence.

¶31

Ratio / Principle

Suspension was granted subject to conditions: (i) execution of a bond of Rs.10,000/- with two sureties, each for a like sum, to the satisfaction of the trial Judge; (ii) appearance before the trial Court once in six months on the first working day of every English calendar month at 10.30 a.m. until further orders; and (iii) if unable to appear, representation by counsel through an application under Section 317 Cr.P.C and appearance on dates directed by the trial Court.

¶33

Detailed headnote1 paragraphs

CRIMINAL MISCELLANEOUS PETITION — SUSPENSION OF SENTENCE: Madras High Court (A.D.Jagadish Chandira, J., 18.03.2026) allowed Crl.M.P.No.5110 of 2026 in Crl.A.No.305 of 2026 filed by D.Radha (A9), convicted and sentenced on 09.01.2026 by the XXIV Additional City Civil and Sessions Judge for CBI Cases relating to Banks and Financial Institution Scams, Chennai, in C.C.No.17 of 2013 under S.120B r/w 409, 420, 468, 471 IPC and S.13(2) r/w 13(1)(d) PC Act (one year RI, fine Rs.5,000/-) and under S.420, S.468 and S.471 r/w 468 IPC (one year RI, fine Rs.1,000/- each, concurrent), seeking suspension of sentence under S.430(1) BNSS/S.389(1) Cr.P.C. Considering the facts and circumstances, the submissions of counsel on either side, and that co-accused A1's sentence had already been suspended in Crl.M.P.No.1556 of 2026 (order dated 06.02.2026), the Court suspended the sentence till disposal of the appeal, subject to: bond of Rs.10,000/- with two sureties each for a like sum; appearance before the trial Court once in six months on the first working day of every English calendar month at 10.30 a.m.; and, if unable to appear, representation by counsel via Section 317 Cr.P.C application and appearance on dates directed by the trial Court.

¶1

Crl.M.P.No.5110 of 2026

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 18.03.2026

¶4

CORAM:

¶5

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA

¶6

Crl.M.P.No.5110 of 2026 in Crl.A.No.305 of 2026

D.Radha

... Petitioner

Vs.

The Inspector of Police, CBI/ACB/Chennai. ... Respondent

¶11

PRAYER : Criminal Miscellaneous Petition is filed under Section 430(1) of the Bharatiya Nagarik Suraksha Sanhita/Section 389(1) of Cr.P.C., to suspend the sentence of imprisonment imposed on the appellant/accsed by the order and judgment dated 09.01.2026 of the learned XXIV Additional City Civil and Sessions Judge for CBI Cases relating to Banks and Financial Institution Scams, Chennai, in C.C.No.17 of 2013 pending the final disposal of the criminal appeal.

¶12

For Petitioner : Mr.K.Gopinath For Respondent : Mr.N.Baaskaran Special Public Prosecutor (CBI)

¶13

O R D E R

¶14

This Criminal Miscellaneous Petition has been filed seeking suspension of sentence of imprisonment, imposed by the learned XXIV Additional City Civil and Sessions Judge for CBI Cases relating to Banks 1/6

¶15

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

¶16

Crl.M.P.No.5110 of 2026

¶17

and Financial Institution Scams, Chennai , in C.C.No.17 of 2013, vide judgment dated 09.01.2026.

¶18

The conviction and sentence imposed against the petitioner/appellant (A9), vide impugned judgment are as follows:-

¶19

*Under Section*	*Sentence*
120B r/w 409, 420, 468, 471 of IPC and under Section 13(2) r/w 13(1)(d) of the Prevention of Corruption Act	one year of rigorous imprisonment and a fine of Rs.5,000/-, in default, to undergo three months simple imprisonment.
420 of IPC	one year of rigorous imprisonment and a fine of Rs.1,000/-, in default, to undergo three months simple imprisonment.
468 of IPC	one year of rigorous imprisonment and a fine of Rs.1,000/-, in default, to undergo three months simple imprisonment.
471 r/w 468 of IPC	one year of rigorous imprisonment and a fine of Rs.1,000/-, in default, to undergo three months simple imprisonment.
The sentence	s shall run concurrently.

¶20

The learned counsel appearing for the petitioner/appellant

¶21

submitted that the petitioner, a septuagenarian, is innocent and has been falsely implicated in this case . He further submitted that t here are arguable points available in the Criminal Appeal, which is unlikely to be taken up for

¶22

2/6

¶23

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

¶24

Crl.M.P.No.5110 of 2026

¶25

final hearing in the near future and the petitioner/appellant has a fair chance of succeeding in the appeal. He also submitted that the fine amount has been paid by the petitioner/appellant. He further submitted that this Court has already suspended the sentence imposed in respect of the co-accused/A1 in this case in Crl.M.P.No.1556 of 2026 vide order dated 06.02.2026. Hence, the sentence imposed on the petitioner/appellant may be suspended and he may be enlarged on bail.

¶26

Learned Special Public Prosecutor appearing for the respondent opposed the grant of suspension of sentence stating that the petitioner, in collusion with other accused, by forging and falsifying the documents, cheated the bank and caused significant financial loss. He further submitted that the trial Court, after taking into consideration the oral and documentary evidence produced by the prosecution, rightly found the petitioner/appellant guilty and convicted and sentenced her, as stated above.

¶27

Heard the learned counsel for the petitioner/appellant and learned Special Public Prosecutor (CBI) appearing for the respondent and perused the materials on record.

¶28

3/6

¶29

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

¶30

Crl.M.P.No.5110 of 2026

¶31

Considering the facts and circumstances of the case and also the submissions made by the learned counsel on either side and also taking note of the fact that the co-accused/A1 in this case has already been granted suspension of sentence, this Court is inclined to suspend the sentence of imprisonment imposed on the petitioner. Accordingly, till the disposal of the appeal, suspension of sentence is granted to the petitioner/appellant, subject to the following conditions:-

¶32

“(i) The petitioner/appellant 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 XXIV Additional City Civil and Sessions Judge for CBI Cases relating to Banks and Financial Institution Scams, Chennai ;

¶33

(ii) The petitioner/appellant shall appear before the trial Court once in six months on the first working day of every English calendar month at 10.30 a.m., until further orders.

¶34

(iii) In the event of the petitioner not being able to appear before the trial Court concerned on the specified date, she shall be duly represented by her counsel, who shall file an application under Section 317 Cr.P.C before the trial Court concerned and the petitioner shall appear before the trial Court on such other date(s) as directed by the trial Court. ”

¶35

4/6

¶36

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

¶37

Crl.M.P.No.5110 of 2026

¶38