Summary
Order on an appeal confined to sentence. The appellant (A-4), convicted with his wife (a former Minister) of conspiracy, criminal breach of trust and criminal misconduct over grant-in-aid of Rs. 15,45,000 sanctioned to trusts running non-existent schools for disabled children, did not challenge his conviction. Affirming the findings of guilt, the Court entertained the appeal only on quantum of sentence and released him on bail against his voluntary undertaking to deposit an enhanced fine of Rs. 5 crores, to be used for childcare institutions in Tamil Nadu.
Issues
- Whether the appellant, whose conviction is not challenged, should be released on bail during the pendency of the appeal limited to the quantum of sentence.
- On what terms the appellant's voluntary offer to pay an enhanced fine of Rs. 5 crores should be accepted and how the amount should be applied.
Provisions considered
- Sections 120B, 109 and 409, Indian Penal Code, 1860The appellant was convicted of conspiracy and abetment of criminal breach of trust by a public servant in respect of grant-in-aid funds; the conviction was not challenged before the Court and the findings of guilt were affirmed, the appeal being confined to sentence. (¶¶ 3, 10, 13)
- Section 13(1)(d) read with Section 13(2), Prevention of Corruption Act, 1988The conviction for criminal misconduct under these provisions, recorded by the trial Court and affirmed by the High Court, was left undisturbed; only the quantum of sentence was taken up. (¶¶ 3, 13)
- Mandate for care and protection of children, Juvenile Justice (Care and Protection of Children) Act, 2015The appellant offered the enhanced fine for the restoration and rehabilitation of children in need of care and protection and children in conflict with law; the Court directed the interest on the deposit to be used by the High Court's Juvenile Justice Committee for Government childcare institutions. (¶¶ 10, 16, 17)
Held
- Where the appellant does not challenge his conviction and confines the appeal to sentence, the findings of guilt recorded by the courts below stand affirmed and the appeal is entertained only on the quantum of sentence. The findings against the co-accused wife attained finality since her appeal abated on her death. (¶¶ 9, 10, 13)
- Having regard to the appellant's age (about 68), the fact that the incident dated from 1990-1996 with a trial lasting over two decades, and his voluntary offer, by way of repentance, to deposit an enhanced fine of Rs. 5 crores, the appellant is to be released on bail on terms to be fixed by the trial Court. (¶ 14)
- The appellant must file an undertaking within two weeks to deposit the balance of Rs. 4.5 crores with the Registry by 18 June 2025; failure to furnish the undertaking or to deposit automatically cancels the bail and he must be taken back into custody to serve the remaining sentence. (¶¶ 15, 16)
- On compliance, the entire Rs. 5 crores (including the Rs. 50 lakhs already deposited) is to be transferred to the Tamil Nadu State Legal Services Authority and kept in an interest-bearing fixed deposit in a nationalised bank; the Juvenile Justice Committee of the Madras High Court may use the interest for Government-run childcare institutions in the State. (¶¶ 16, 17)
Result
Leave granted; findings of guilt affirmed; appeal entertained on sentence only. Appellant released on bail on terms to be fixed by the trial Court, subject to an undertaking within two weeks and deposit of the balance Rs. 4.5 crores by 18 June 2025, failing which bail stands automatically cancelled. Amount to be invested through the Tamil Nadu State Legal Services Authority for childcare institutions. Listed on 14 July 2025 for compliance.