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2024 Supreme(Mad) 912

M. S. RAMESH, SUNDER MOHAN
R. Sekar – Appellant
Versus
State, Rep. by the Deputy Director, Directorate of Enforcement, Government of India, Ministry of Finance, Department of Revenue – Respondent


Advocates Appeared:
For the Petitioners: Mr. V.S. Venkatesh.
For the Respondent: Mr. N. Ramesh, Special Public Prosecutor.
For the Amicus Curiae : Mr. E. Raj Thilak, Additional Public Prosecutor.

ORDER :

Sunder Mohan, J.

[PRAYER: Criminal Miscellaneous Petition filed under Section 389(1) of the Criminal Procedure Code, seeking to suspend the sentence imposed on the petitioners in C.C.No.24 of 2016 passed by the learned Designated Court under Prevention of Money Laundering Act, 2002 / In the Court of Principal Special Judge for CBI Cases / VIII Additional City Civil Court, Chennai, by a judgment dated 11.01.2024 and enlarge the petitioners on bail, pending disposal of the criminal appeal.]

Though we had granted suspension of sentence to the petitioners/appellants on 05.02.2024, we intended to examine the reason assigned by the trial Court for declining the prayer for suspension of sentence, though the petitioners/appellants were convicted and sentenced to imprisonment of three years.

2. The trial Court had dismissed the applications for suspension of sentence on the ground that since the petitioners were not released on bail during trial, they would not be entitled to bail under Section 389 (3) of Cr.P.C. The order of the trial Court in the application filed by A1/1st petitioner herein reads as follows :

    “Enforcement Directorate has taken notice. Heard. Fine amount paid. Petition

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