Leave granted.

This appeal is directed against the order dated 13.7.2023 passed by the High Court of Judicature at Madras in Crl.M.P. No. 9813 of 2023 in Crl. A. No. 728 of 2023 in connection with charge under Section 7 and 13(2) read with 13(1)(b) of the Prevention of Corruption Act (for short, ‘PC Act’).

The appellant stood trial in Special Case No. 13/2011 and was found guilty and convicted under Sections 7 and 13(2) read with 13(1)(d) of the PC Act by the Court of Special Judge-cum-Chief Judicial Magistrate, Chingleput. He was sentenced to undergo three years simple imprisonment each under both the charges and with fine. The corporeal sentences were ordered to run concurrently.

Aggrieved by the same, the appellant preferred appeal as Criminal Appeal No. 728/2023. In the said appeal, the appellant moved Crl.M.P. No. 9813 of 2023 seeking suspension of sentence under Section 389 CrPC. It is the rejection of the said petition and the consequential disinclination to suspend the sentence that compelled the appellant to file the present appeal.

Heard learned senior counsel for the appellant and learned counsel for the respondent-State of Tamil Nadu.

The question is whether the i