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Madras High Court
P.Chitra vs The State Rep.By, The Inspector Of ... on 20 April, 2026
Author: A.D.Jagadish Chandira
Bench: A.D.Jagadish Chandira
Crl.M.P.No.7001 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.04.2026
CORAM:
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA
Crl.M.P.No.7001 of 2026
in Crl.A.No.477 of 2026
P.Chitra ... Petitioner
Vs.
The State represented by,
The Superintendent of Police,
CBI/ACB/Chennai.
RC.No.23/A/2010 ... Respondent
PRAYER: Criminal Miscellaneous Petition is filed under Section 430(1) of
the Bharatiya Nagarik Suraksha Sanhita, to suspend the sentence imposed
by the XI Additional Special Judge for CBI Cases relating to Banks and
Financial Institutions), Chennai, in C.C.No.52 of 2011 on 03.03.2026 and
enlarge the petitioner/appellant (A13) on bail pending disposal of the
criminal appeal.
For Petitioner : Mr.R.Mohan
For Respondent : Mr.K.Srinivasan
Special Public Prosecutor (CBI)
ORDER
This Criminal Miscellaneous Petition has been filed seeking
suspension of sentence of imprisonment, imposed by the XI Additional
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Special Judge for CBI Cases (CBI Cases relating to Banks and Financial
Institutions), Chennai, in C.C.No.52 of 2011, vide judgment dated
03.03.2026.
2. The conviction and sentence imposed against the
petitioner/appellant (A13), vide impugned judgment are as follows:-
Under Section Sentence
120B r/w 420 of IPC and one year of rigorous imprisonment and
Section 13(2) r/w 13(1)(d) a fine of Rs.1,000/-, in default, to
of the Prevention of undergo three months simple
Corruption Act imprisonment.
420 of IPC one year of rigorous imprisonment and
a fine of Rs.1,000/-, in default, to
undergo three months simple
imprisonment.
The aforesaid sentences were ordered to run concurrently.
3. The submissions of the learned counsel appearing for the
petitioner/appellant (A13) are as follows:-
3.1. The petitioner/appellant is an innocent farmer who
has been falsely implicated in this case.
3.2. On the advice of the first accused, the
petitioner/appellant submitted the application for obtaining power tiller
loan. After coming to know about the illegal acts made by the main accused
behind her back, the petitioner/appellant has repaid the entire loan amount
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on 06.07.2012 as per the one time settlement scheme announced by the
bank.
3.3. The petitioner/appellant, a sexagenarian, has paid the
fine amount and the trial Court has already suspended the sentence imposed
on the petitioner/appellant for a period of one month.
3.4. There are arguable points available in the Criminal
Appeal, which is unlikely to be taken up for final hearing in the near future
and the petitioners/appellants have a fair chance of succeeding in the
appeal. Hence, the sentence imposed on the petitioner/appellant may be
suspended.
4. Learned Special Public Prosecutor appearing for the
respondent opposed the grant of suspension of sentence stating that the
petitioner/A13, who was one of the borrowers, had entered into a criminal
conspiracy with the other accused and by forging and falsifying the
documents such as chitta/adangal, valuation certificates, FMB copies and
encumbrance certificates, cheated the bank and caused a huge financial loss.
He further submitted that the trial Court, after taking into consideration the
oral and documentary evidence adduced by the prosecution, rightly found
the petitioner/appellant guilty and convicted and sentenced her, as stated
above.
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5. Heard the learned counsel for the petitioner/appellant and
learned Special Public Prosecutor (CBI) appearing for the respondent and
perused the materials on record.
6. Considering the facts and circumstances of the case and
also the submissions made by the learned counsel on either side, this Court
is inclined to suspend the sentence of imprisonment imposed on the
petitioner. Accordingly, till the disposal of the appeal, the relief of
suspension of sentence is granted to the petitioner/appellant, subject to the
following conditions:-
“(i) The petitioner/appellant shall execute a bond
for a sum of Rs.25,000/- (Rupees Twenty Five Thousand
only), with two sureties, each for a like sum to the
satisfaction of the XI Additional Special Judge for CBI
Cases (CBI Cases relating to Banks and Financial
Institutions), Chennai;
(ii) The petitioner/appellant shall appear before
the trial Court once in six months on the first working
day of the month concerned at 10.30 a.m., until further
orders;
(iii) It is made clear that in the event of the
petitioner/appellant not being able to appear before the
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trial Court 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 and the
petitioner/appellant shall appear before the trial Court on
such other date(s) as directed by the trial Court.
7. Accordingly, this Criminal Miscellaneous Petition stands
ordered.
20.04.2026
ham
To
1. The XI Additional Special Judge,
(CBI Cases relating to Banks and Financial Institutions,
Chennai – 600 001.
2. The Superintendent of Police,
CBI/ACB/Chennai.
3. The Public Prosecutor,
High Court of Madras.
https://www.mhc.tn.gov.in/judis
A.D.JAGADISH CHANDIRA, J.
ham
20.04.2026
https://www.mhc.tn.gov.in/judis
