Laxmi Subramanium vs Central Bureau Of Investigation
2024 Latest Caselaw 6547 MP

Madhya Pradesh High Court

Laxmi Subramanium vs Central Bureau Of Investigation on 4 March, 2024

Author: Vishal Dhagat

Bench: Vishal Dhagat

                                                              1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       CRA No. 1949 of 2024
                                   (LAXMI SUBRAMANIUM AND OTHERS Vs CENTRAL BUREAU OF INVESTIGATION)

                          Dated : 04-03-2024
                                Shri Varun Tankha - Advocate for appellants.

                                Shri Vikram Singh - Advocate for respondent/CBI.

Heard on admission.

Appeal is admitted for final hearing.

Record of the court below be called for.

2. Appellants have filed I.A. No.3379/2024 an application under Section 389 (1) of Code of Criminal Procedure for suspension of jail sentence.

3. Appellants have been convicted for offence under Sections 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act and Section 120-B of the IPC and sentenced to undergo R.I. for four years, R.I. for four years and R.I. for four years with fine of Rs.1000/, Rs.1000/- and Rs.1,000/- respectively with default stipulations.

4. It is submitted by learned counsel for the appellant that appellants are in jail since 30.12.2023. It is further submitted that demand has not been proved

and complainant has not testified the same. There is no likelihood of hearing of appeal in near future. Trial Court has committed an error in convicting the appellants. Considering the same, application for suspension of sentence may be allowed.

5. Learned counsel for the respondent opposed the application.

6. Heard learned counsel for the parties.

7. Apex Court in case of Bhagwan Rama Shinde Gosai and others Vs. State of Gujarat - (1999) 4 SCC 421 has held that when a convicted

person is sentenced to a fixed period of sentence and when he files an appeal under any statutory right, suspension of sentence can be considered by the appellate Court liberally unless there are exceptional circumstances.

8. Considering the aforesaid and the judgment passed by the Apex Court in case of Bhagwan Rama Shinde Gosai and others (supra) and fixed short term of sentence, IA is allowed.

9. It is directed that the custodial sentence awarded to the appellants shall remain suspended during the pendency of this appeal subject to deposit of fine, if not already deposited and they shall be released on bail on their furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) each

with one solvent surety in the like amount to the satisfaction of the trial Court, for his appearance before the Registry of this Court on 13.05.2024 and on such other dates as may be fixed in this regard till final disposal of this appeal.

List this appeal for final hearing in due course. Certified copy as per rules.

(VISHAL DHAGAT) JUDGE

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