M. v. Swaminathan VS State Represented by Inspector of Police SPE, CBI, ACB, Chennai
2016-04-13
P.DEVADASS
body2016
DigiLaw.ai
JUDGMENT : P. DEVADASS, J. 1. A1, a public servant, who has been prosecuted before the learned XIV Additional Special Judge for CBI Cases, Chennai while canvassing the correctness of conviction and sentence, seeks suspension of sentence of his imprisonment. 2. A1, who was an appraiser at the Customs Department at the relevant time is alleged to have amassed wealth disproportionate to his known source of income during the check period. 3. Ultimately, after trial, he was convicted and sentenced as under:- Accused Conviction Sentence A1 Section 13(2) r/w 13(1)(e) of P.C. Act, 1988 One year R.I and fine Rs.40,000/-, i/d 2 months R.I 4. He has paid the fine amount. The trial Court also suspended the sentence to enable the appellant to get appeal bail from the Appellate Court under Section 389(1) Cr.P.C. 5. It is pertinent to note that his father-in-law/A2 since died during trial, charge against him is abated. 6. The crux of the submissions of the learned counsel for the petitioner is that in assessing the assets referring to the check period, the trial Court has not considered certain relevant factors which the Court ought to have considered and had considered certain irrelevant factors which the Court ought not to have considered. Thus, the finding suffers from legal perversity. There is prima facie case in favour of the appellant. 7. On the other hand, the learned Special Public Prosecutor, CBI cases submitted that considering all the relevant aspects and applying legal principles, the trial Court has rightly convicted and appropriately sentenced. 8. I have anxiously considered the rival submissions, perused the Trial Court's judgment and also the relevant materials. Many eminently arguable points are involved in this appeal. There is prima facie case in favour of the petitioner. Further, the petitioner was already on bail throughout the trial Court proceedings. Further, it will take some time for the disposal of this criminal appeal. In the circumstances, I am inclined to grant him appeal bail. 9. Ordered as under: (i) Appeal bail granted; (ii) Sentence of imprisonment alone is suspended; (iii) There shall be two sureties, they and the petitioner shall execute a bond for Rs.15,000/- (Rupees Fifteen Thousand only) each to the satisfaction of the XIV Additional Special Judge for CBI Cases, Chennai. (iv) Petitioner shall also appear on the first working day of every month at 10.30 a.m before the Special Judge until further orders.