The Madras High court granted suspension of sentence and bail without even perusing the grounds raised in the application.
Background
This criminal miscellaneous petition has been preferred seeking to suspend the sentence imposed on the petitioners by the Additional District Court (CBI Cases), Coimbatore. The petitioners were convicted and sentenced for the offenses under Section 120-B r/ w 420 IPC, Section 468 IPC, Section 471 IPC, Section 13(2) r/ w 13(1) (d) of the Prevention of Corruption Act, 1988. The petitioners have filed a Criminal Appeal along with the instant criminal miscellaneous petition seeking suspension of sentence and bail.
Observations of the Court
The Court observed that the petitioners have raised substantial grounds in the appeal which require detailed appraisal. The trial Court has suspended the sentence of imprisonment imposed on the petitioners till 23.10.2020. In such view of the matter, this Court is of the view that the petitioners are entitled to the relief of suspension of sentence and bail.
Accordingly, the relief of suspension of sentence and bail was granted to the petitioners with several conditions which are as follow:
i. The petitioners shall surrender before the II Additional District Court (CBI Cases), Coimbatore, before 09.11.2020;
ii. After such surrender, the petitioners shall be released on bail on they executing a bond for a sum of Rs.10,000/-, each, with two sureties, of whom, one should be a blood relative, each for a like sum to the satisfaction of the XI Additional Special Court for CBI Cases (relating to Banks and Financial Institutions), Chennai;
iii. The petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the trial Court may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; and
iv. The petitioners shall appear before the trial Court on the first working day of every month at 10.30 a.m. until the disposal of the appeal and if they are not able to appear before the trial Court on any day, they shall make arrangements to file an application under Section 317 Cr.P.C. and shall appear before the trial Court on any other day in lieu of the date of their absence, as directed by the trial Court.
Case Details
Case Nos. Crl.M.P.No.6373 of 2020 and Crl.A.No.415 of 2020
Court: Madras High Court
Coram: P.N.PRAKASH, J.
Date: 16.10.2020
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