Crl.M.P.No.1127 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.02.2023

CORAM

THE HON'BLE MRS. JUSTICE T.V.THAMILSELVI

Crl.M.P.No.1127 of 2023

in

Crl.A.No.89 of 2023

1.S.Sakthivel

2.C.Bommaiya

... Petitioners/Appellants

Vs.

The Inspector of Police,

CBI/EOW/Chennai,

Chennai.

... Respondent

PRAYER: Criminal Miscellaneous Petition filed under Section 389(2) of

Cr.P.C., pleased to suspend the sentence imposed on the petitioner in

Judgment made in C.C.No.14 of 2011 before the Court of II Additional

District Judge (CBI Cases) Coimbatore, Coimbatore District.

For Petitioners : Mr.R.Muruga Bharathi

For Respondent : Mr.K.Srinivasan

Special Public Prosecutor

(CBI cases)

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Crl.M.P.No.1127 of 2023

O R D E R

This Criminal Miscellaneous Petition has been filed by the

petitioners/appellants, seeking suspension of sentence, imposed by the learned

II Additional District Judge (CBI Cases) vide judgment in C.C.No.14 of 2011

dated 29.12.2022.

2. In and by the judgment of the Trial Court, the first petitioner/

appellant was convicted for the offence under Sections 120-B r/w. 420, 467,

468 an 471 of IPC and Section 13(2) r/w. 13(1) (d) of the Prevention of

Corruption Act, 1988 and for the substantive offences punichable under

Section 420, 467, 468 and 471 of IPC and A1 was sentenced to undergo three

years Rigorous Imprisonment and to pay a fine of Rs.10,000/- as fine, in

default to undergo three months Simple Imprisonment for the offence

punishable under Section 120 B r/w. 420, 467, 468 and 471 of IPC and

Section 13(2) r/w. 13(1) (d) of the Prevention of Corruption Act 1988 and for

each of the substantive offences punishable under Sections 420, 467, 468 and

471 of IPC. The total fine imposed against A1 is 50,000/- (Rs.10,000/- X 5).

The third petitioner / appellant was convicted for the offence under Sections

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Crl.M.P.No.1127 of 2023

120-B r/w. 420, 467, 468 an 471 of IPC and Section 13(2) r/w. 13(1) (d) of

the Prevention of Corruption Act, 1988 and for the substantive offences

punichable under Section 420, 467 and 468 of IPC and A3 was sentenced to

undergo three years Rigorous Imprisonment and to pay a fine of Rs.5,000/- as

fine, in default to undergo three months Simple Imprisonment for the offence

punishable under Section 120 B r/w. 420, 467, 468 and 471 of IPC and

Section 13(2) r/w. 13(1) (d) of the Prevention of Corruption Act 1988 and for

each of the substantive offences punishable under Sections 420, 467, 468 and

471 of IPC. The total fine imposed against A3 is 20,000/- (Rs.5,000/- X 4)

against which, the present appeal has been filed.

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 the

petitioner/appellant may be enlarged with bail. He further submitted that the

trial Court has suspended the sentence till 30.01.2023. He further submitted

that the total fine amount imposed on these petitioners were deposited. Hence

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Crl.M.P.No.1127 of 2023

he prayed for a grant of suspension sentence petition.

4. Mr.K.Srinivasan, Special Public Prosecutor (CBI cases)

appearing for the respondent submitted that the prosecution has proved the

case beyond reasonable doubts and the trial Court on finding the

petitioners/appellants guilty convicted them as stated above. Therefore, he

vehemently opposed for grant of suspension of sentence.

5. Heard the learned counsel for the petitioners/appellants and the

learned Special Public Prosecutor (CBI cases) appearing for the respondent

and peruse