Full Judgment
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.03.2026
CORAM:
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA in Crl.A.No.328 of 2026
1. P.Settu
2. R.Anandan @ Anand ... Petitioners Vs. The State represented by, The Superintendent of Police, CBI/ACB/Chennai. (Cr.No.RC MA1 2010 A 0023) ... Respondent
PRAYER: Criminal Miscellaneous Petition is filed under Section 430(1) of the Bharatiya Nagarik Suraksha Sanhita, to suspend the sentence passed by of imprisonment passed by the XI Additional Special Judge for CBI Cases (CBI Cases relating to Banks and Financial Institutions), Chennai, in C.C.No.52 of 2011 dated 03.03.2026 and enlarge the petitioners/appellants on bail pending disposal of the criminal appeal.
For Petitioners : Mr.T.Sivananthan For Respondent : Mr.K.Srinivasan Special Public Prosecutor (CBI)
ORDER
This Criminal Miscellaneous Petition has been filed seeking suspension of sentence of imprisonment, imposed by the XI Additional Special Judge for CBI Cases (CBI Cases relating to Banks and Financial Institutions), Chennai, in C.C.No.52 of 2011, vide judgment dated 03.03.2026.
2. The conviction and sentence imposed against the petitioners/appellants (A8 & A11), vide impugned judgment are as follows:-
Under Section Sentence 120B r/w 420 of IPC and one year of rigorous imprisonment and Section 13(2) r/w 13(1)(d) a fine of Rs.1,000/-, in default, to of the Prevention of undergo three months simple Corruption Act imprisonment. 420 of IPC one year of rigorous imprisonment and a fine of Rs.1,000/-, in default, to undergo three months simple imprisonment. The sentences shall run concurrently.
3. The learned counsel appearing for the
petitioners/appellants submitted that the petitioners are innocent farmers, who had applied for agricultural loan and they have been falsely implicated in this case. He further submitted that the petitioners/appellants have not caused any wrongful loss to the bank as charged by the prosecution and they have fully discharged their loan accounts. He also submitted that there are arguable points available in the Criminal Appeal, which is unlikely to be taken up for final hearing in the near future and the petitioners/appellants have a fair chance of succeeding in the appeal. He also submitted that the fine amount has been paid by the petitioners/appellants and the trial Court has suspended their sentence till 02.04.2026. Hence, the sentence imposed on the petitioners/appellants may be suspended and they may be enlarged on bail.
4. Learned Special Public Prosecutor appearing for the
respondent opposed the grant of suspension of sentence stating that the accused, by forging and falsifying the documents, cheated the bank, obtained loan and caused significant financial loss. He further submitted that the trial Court, after taking into consideration the oral and documentary evidence produced by the prosecution, rightly found the petitioners/appellants guilty and convicted and sentenced them, as stated above.
5. Heard the learned counsel for the petitioners/appellants and learned Special Public Prosecutor (CBI) appearing for the respondent and perused the materials on record.
6. Considering the facts and circumstances of the case and
also the submissions made by the learned counsel on either side, this Court is inclined to suspend the sentence of imprisonment imposed on the petitioners. Accordingly, till the disposal of the appeal, the relief of suspension of sentence is granted to the petitioners/appellants, subject to the following conditions:- “(i) The petitioners/appellants shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each, with two sureties, each for a like sum to the satisfaction of the XI Additional Special Judge for CBI Cases (CBI Cases relating to Banks and Financial Institutions), Chennai;
(ii) The petitioners/appellants shall appear before the trial Court once in three months on the first working day of the relevant English calendar month at 10.30 a.m., until further orders.
(iii) In the event of the petitioners not being able
to appear before the trial Court concerned on the specified date, they shall be duly represented by their counsel, who shall file an application under Section 317 Cr.P.C before the trial Court concerned and the petitioners shall appear before the trial Court on such other date(s) as directed by the trial Court.”
7. Accordingly, the Criminal Miscellaneous Petition stands ordered. 26.03.2026 ham To
1. The XI Additional Special Judge, (CBI Cases relating to Banks and Financial Institutions, Chennai.
2. The Superintendent of Police, CBI/ACB/Chennai.
3. The Public Prosecutor, High Court of Madras.
A.D.JAGADISH CHANDIRA, J.
ham in Crl.A.No.328 of 2026 26.03.2026