JUDGMENT : (Prayer: This Petition filed under Section 389 (1) of Cr.P.C., to suspend the sentence imposed on the appellant herein in C.C.No.4 of 2016, on the file of the Special Court for the Cases under the Prevention of Corruption Act, at Chennai dated 26.08.2022, enlarge the Petitioner on bail, pending disposal of the above Criminal Appeal. 1. This Petition has been filed to suspend the sentence imposed on the Petitioner/Appellant in C.C.No.4 of 2016, by the Special Court for the Cases under the Prevention of Corruption Act, at Chennai dated 26.08.2022 and enlarge the Petitioner on bail, pending disposal of the above Criminal Appeal. 2. The Petitioner in C.C.No.04 of 2016, on the file of the learned Special Judge, Special Court for the cases under the Prevention of Corruption Act cases, Chennai, was convicted and sentenced as follows: “2. For the offence committed u/s.7 of the Prevention of Corruption Act, 1988 the Accused Officer is sentenced to undergo rigorous imprisonment for three years and shall pay a fine of Rs.1000/- and in default to undergo simple imprisonment for 3 months. 3. For the offence committed u/s.13(2), r/w.13(1)(d) of Prevention of Corruption Act the Accused Officer is sentenced to undergo rigorous imprisonment for four years and shall pay a fine of Rs.1000/- in default to undergo simple imprisonment for 3 months.” 3. The case of the prosecution is that the Petitioner was working as License Inspector in the Office of the Regional Deputy Commissioner (North), Zonal Office-V, Chennai Corporation. He demanded a sum of Rs.2,000/-, reduced it to Rs.1,500/- and received a sum of Rs.1,500/- from the complainant and on the complaint of the Defacto Complainant dated 28.10.2014, a case was registered in Crime No.2/AC/2014/CC-III, against the accused, for the offence under Section 7, 13(2) & 13(1)(d) of Prevention of Corruption Act. After completing the investigation, charge sheet was filed and the same was taken on file in C.C.No.04 of 2016, before the learned Special Judge, Special Court for the cases under the Prevention of Corruption Act cases, Chennai. 4. After completing the investigation, charge sheet was filed and the same was taken on file in C.C.No.04 of 2016, before the learned Special Judge, Special Court for the cases under the Prevention of Corruption Act cases, Chennai. 4. The learned senior counsel appearing for the Petitioner would submit that the Ex.P.1 is bad in law, since on the alleged date of occurrence of the offence, ie., during 2014, PW10 is not the competent person either to appoint or to remove the Petitioner/Accused and hence, Ex.P2/Sanction Order is an illegality, vitiating the entire criminal proceedings and he would further contend that the delegation of power to the Defacto complainant was granted only on 03.03.2016 and pursuant to that order he had passed sanction order dated 11.03.2016. However, in the first page of the Sanction Order itself, it was mentioned as 29.02.2016, on which date, he has no powers. He would further contend that there is a material contradiction between the version of PW2 and PW3 and also draw my attention to the answer eliciting in the cross examination of PW2 and PW3 and he would further contend that there are arguable points available in the Appeal and that the Petitioner herein have got a fair chance of succeeding the Appeal. 5. The learned Government Advocate, has raised objections for suspending the sentence. 6. Considering the facts and circumstances of the case, submissions of the learned counsels on either side and also considering the fact that there are arguable points in the appeal and after perusing the evidence of PW23/Investigating Officer, with regard to sanction order and also with regard to grant order for prosecution and after taking note of the material contradictions as pointed out by the learned senior counsel for the Petitioner and the fact that the Accused is inside the jail for more than a week, I am inclined to suspend the substantive sentence of imprisonment alone on certain conditions. 7. Accordingly, till the disposal of the Criminal Appeal, the substantive sentence of imprisonment alone is suspended and the Petitioner is ordered to be enlarged on bail, on the following conditions:- i. The Petitioner shall execute separate bond for a sum of Rs.25,000/- (Rupees twenty five thousand only), with two sureties, each for a like sum to the satisfaction of the learned Special Judge, Special Court for the cases under the Prevention of Corruption Act cases, Chennai ii. The Petitioner shall report before the said Court on the first working day of every English Calendar month at 10.30 a.m., until further orders.