Madras High Court
A.Paramasivan vs The Central Bureau Of ... on 23 January, 2023
Crl.M.P.No.19895 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.01.2023
CORAM
THE HON'BLE MRS. JUSTICE T.V.THAMILSELVI
Crl.M.P.No.19895 of 2022
in
Crl.A.No.1311 of 2022
A.Paramasivan ... Petitioner/Accused-1
Vs.
The Central Bureau of Investigation
Represented by the Investigating Officer,
Inspector of Police,
Anti Corruption Branch,
Sastri Bhavan, Nungambakkam,
Chennai-600 006.
... Respondent/Complainant
PRAYER: Criminal Miscellaneous Petition filed under Section 374(2) of
Cr.P.C., pleased to suspend the sentence imposed on the petitioner by
judgment and order dated 14.12.2022 passed in C.C.No.9 of 2015 on the file
of the Principal Special Court for CBI Cases, (VIII Additional City Civil
Court), Chennai and to enlarge him on bail pending disposal of the above
Criminal Appeal.
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Crl.M.P.No.19895 of 2022
For Petitioner : Mr.V.S.Venkatesh
For Respondent : Mr.K.Srinivasan
Special Public Prosecutor (CBI)
ORDER
This Criminal Miscellaneous Petition has been filed to suspend the
sentence imposed on the petitioner by judgment and order dated 14.12.2022
passed in C.C.No.9 of 2015 on the file of the Principal Special Court for CBI
Cases, (VIII Additional City Civil Court), Chennai and to enlarge him on
bail pending disposal of the above Criminal Appeal.
2. In and by the judgment of the Trial Court, the petitioner/
appellant was convicted for the offence under Section 7 of Prevention of
Corruption Act, 1988 (for brevity "the PC Act") and sentenced to undergo
three years rigorous imprisonment and to pay a fine of Rs.5,000/-, in default
to undergo six months simple imprisonment and he was also convicted for
the offence under Section13(2) r/w 13(1)(d) of the PC Act and sentence to
undergo four years rigorous imprisonment and to pay a fine of Rs.5,000/-,in
default to undergo six months simple imprisonment. The aforesaid sentences
were ordered to run concurrently.
https://www.mhc.tn.gov.in/judis
Crl.M.P.No.19895 of 2022
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
Appeal and hence, the sentence imposed against the petitioner/appellant may
be suspended and enlarged on bail.
4. Mr.K.Srinivasan, learned Special Public Prosecutor (CBI)
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 opposed for grant of suspension of sentence.
5. Heard the learned counsel for the petitioner/appellant and the
learned Special Public Prosecutor (CBI) appearing for the respondent and
perused the materials on record.
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Crl.M.P.No.19895 of 2022
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 :-
i. The petitioner/appellant shall execute 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
Principal Special Court for CBI Cases, (VIII
Additional City Civil Court), Chennai-104;
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; and
iii. The petitioner/appellant shall not leave India till the
disposal of this Criminal Appeal.
7. With the above directions, the Criminal Miscellaneous Petition
stands allowed.
23.01.2023
dsn
https://www.mhc.tn.gov.in/judis
Crl.M.P.No.19895 of 2022
To
1.The Principal Special Judge for CBI Cases,
(VIII Additional City Civil Court),
Chennai-104.
2.The Inspector of Police
Central Bureau of Investigation,
Anti Corruption Branch,
Sastri Bhavan, Nungambakkam,
Chennai-600 006.
3.The Superintendent of Prison,
Central Prison,
Puzhal, Chennai.
4. The Special Public Prosecutor,
High Court of Madras.
https://www.mhc.tn.gov.in/judis
Crl.M.P.No.19895 of 2022
T.V.THAMILSELVI, J.
dsn
Crl.M.P.No.19895 of 2022
in
Crl.A.No.1311 of 2022
23.01.2023
https://www.mhc.tn.gov.in/judis
