CRL MP/19245/2019 of J.GUNAVATHY Vs THE STATE REP.BY on 30 December 2019

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction )

Monday, the Thirtieth day of December Two Thousand NineteenPRESENT

The Hon`ble Mr Justice G.R.SWAMINATHANCRIMINAL MISCELLANEOUS PETITION NO.19245 OF 2019IN CRL.A.NO.921 OF 2019

J.GUNAVATHY [ APPELLANT / ACCUSED ]

Vs

THE STATE REP.BY [ RESPONDENT ]THE INSPECTOR OF POLICE, VIGILANCE AND ANTI-CORRUPTION, VILLUPURAM DISTRICT.CRIME NO.11 OF 2013.

Petition praying that in the circumstances stated therein andin the Memorandum of Grounds in CRL.A.NO.921 OF 2019 on the fileof the High Court, the High Court will be pleased to suspend thesentence imposed on the petitioner by Judgment dated 20.12.2019 inSpecial Case No.68 of 2014 on the file of the Special Judge,Special Court for Prevention of Corruption Act Cases, Villupuram,CRL.A.NO.921 OF 2019 [IN CRL.MP.NO.19245 OF 2019]

Order : This petition coming on for orders upon perusingthe petition and the Memorandum of Grounds in CRL.A.NO.921 OF 2019on the file of the High Court and upon hearing the arguments ofM/S.S.SIVKUMAR,AdvocateforthepetitionerandofMR.T.SHUNMUGARAJESWARAN Govt. Advocate O/O.PUBLIC PROSECUTOR onbehalf of the Respondent the court made the following order:- Petitioner was convicted for offences under Sections 7 and 13(2) r/w. 13(1)(d) of Prevention of Corruption Act, 1988 andsentenced to undergo three years R.I. and fine of Rs.1000/- i/d 3months S.I. for offence under Section 7 of Prevention ofCorruption Act, 1988 and three years R.I. and fine of Rs.5000/-i/d 6 months S.I. for offence under Sections 13(2) r/w. 13(1)(d)of Prevention of Corruption Act, 1988 by the learned SpecialJudge, Special Court for Prevention of Corruption Act Cases,Villupuram under judgment dated 20.12.2019 in Special Case No.68of 2014. Sentences are directed to be run concurrently. Hence, thepetitioner seeks suspension of sentence.

2.The learned counsel for the petitioner submits that thereare several infirmities and inconsistencies found in theprosecution case. It is also contended that there arecontradictions in the material particulars between the evidence ofhttps://hcservices.ecourts.gov.in/hcservices/the prosecution witnesses.

3. Heard learned Government Advocate on the submissions madeby learned counsel for the petitioner.

4. Considering the facts and circumstances of the case and inview of the fact that there are several infirmities in theprosecution case and there are arguable points involved in theappeal, as contended by learned counsel for petitioner andfurther, the appeal is not likely to be taken up for final hearingin the near future, this Court is of the considered view that thepetitioner herein is entitled to the relief of grant of suspensionof sentence.

5. Accordingly, the substantive sentence of imprisonmentalone is suspended and the petitioner is directed to be enlargedon bail on condition that the petitioner shall execute a bond fora sum of Rs.10,000/- (Rupees ten thousand only) with two suretieseach for a like sum to the satisfaction of the learned SpecialJudge, Special Court for Prevention of Corruption Act Cases,Villupuram and on further condition that the petitioner shallappear before the said Court on the first working day of everymonth at 10.30 a.m. pending appeal.

-sd/- 30/12/2019

This order, on being produced, be punctually observed and carriedinto execution by all concerned TRUE COPY

Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO

1 THE SPECIAL JUDGE,SPECIAL COURT FOR PREVENTION OF CORRUPTION ACT CASES, VILLUPURAM.

2 THE PUBLIC PROSECUTORHIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, VIGILANCE AND ANTI-CORRUPTION, VILLUPURAM DISTRICT.

+1C.C. to M/S.S.SIVKUMAR Advocate on payment of necessarycharges SR NO.26627