B.Backiaraj vs The State Represented By
2023 Latest Caselaw 4898 Mad

Citation : 2023 Latest Caselaw 4898 Mad
Judgement Date : 27 April, 2023

Madras High Court

B.Backiaraj vs The State Represented By on 27 April, 2023

                                                                               Crl.M.P.No.4601 of 2023




                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 27.04.2023

                                                          CORAM

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

                                              Crl.M.P.No.4601 of 2023
                                              in Crl.A.No.355 of 2023

                  B.Backiaraj                                          ... Petitioner/Appellant

                                                           Vs.

                  The State Represented by,
                  The Inspector of Police,
                  Vigilance and Anti-Corruption,
                  Udhagamandalam.

                  (Crime No.1/2009/AC/NI)                              ... Respondent

                  PRAYER: Criminal Miscellaneous Petition filed under Section 389(1) of
                  Cr.P.C., pleased to suspend the sentence imposed upon the appellant herein
                  by the learned Assistant Sessions Judge/Sub Judge/Special Court for
                  Prevention of Corruption Act Cases, Udhagamandalam in Special C.C.
                  No.16 of 2015 dated 14.03.2022 and acquit the appellant herein.

                                         For Petitioner      : Mr.R.Karthikeyan
                                         For Respondent      : Mr.N.S.Suganthan
                                                               Government Advocate (Crl.Side)


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                                                                                          Crl.M.P.No.4601 of 2023




                                                          ORDER

This Criminal Miscellaneous Petition has been filed by the

petitioner/appellant, seeking suspension of sentence, imposed by the learned

Assistant Sessions Judge/Sub Judge/Special Court for Prevention of

Corruption Act Cases, Udhagamandalam, vide judgment in Special C.C.

No.16 of 2015 dated 14.03.2022.

2. The conviction and sentence imposed against the

petitioner/appellant is as follows:-

                                       Under Section                              Sentence
                           7 of Prevention of Corruption Act         three years of rigorous imprisonment
                                                                     with a fine of Rs.1,000/-.

13(2) r/w 13(1)(d) of Prevention of Four years of rigorous imprisonment Corruption Act 1988 with a fine of Rs.2,000/- in default to undergo three months simple imprisonment and directed the sentences to run concurrently.

3. According to the learned counsel for the petitioner/appellant,

there are arguable points available in the Criminal Appeal, which is not

likely to be taken for final hearing in the near future and the

petitioner/appellant has got a fair chance of succeeding in the Criminal

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Crl.M.P.No.4601 of 2023

Appeal and hence, the sentence imposed against the petitioner/appellant may

be suspended and the petitioner/appellant may be enlarged with bail.

4. Learned Government Advocate (Crl.Side) appearing for the

respondent submitted that the prosecution has proved the case beyond

reasonable doubts and the trial Court on finding the petitioner/appellant

guilty, convicted him as stated above. Therefore, he vehemently oppose for

grant of suspension of sentence.

5. Heard the learned counsel for the petitioner/appellant and

Government Advocate (Crl.Side) appearing for the respondent and perused

the materials on record.

6. Considering the facts and circumstances of the case and also

considering the submissions of the learned counsel for the

petitioner/appellant, 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 and bail are granted,

on the following conditions :-

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Crl.M.P.No.4601 of 2023

i. The petitioner/appellant shall execute bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only), with two sureties, each for a like sum to the satisfaction of the learned Assistant Sessions Judge/Sub Judge/Special Judge, Special Court for Prevention of Corruption Act Cases, Udhagamandalam;

ii. The petitioner/appellant shall appear before the Trial Court on the first working day of every English Calendar month at 10.30 a.m., until further orders.

7. The Criminal Miscellaneous Petition is ordered accordingly.

27.04.2023

gbi

Note : Issue Order Copy on 27.04.2023

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Crl.M.P.No.4601 of 2023

1. The Assistant Sessions Judge/Sub Judge/Special Judge, Special Court for Prevention of Corruption Act Cases, Udhagamandalam;

2. The Inspector of Police, Vigilance and Anti-Corruption, Udhagamandalam.

3. The Public Prosecutor, High Court of Madras.

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Crl.M.P.No.4601 of 2023

A.D.JAGADISH CHANDIRA, J.