YEARS
Chandrasekhar has been accused of acting as a middleman for AIADMK leader TTV Dhinakaran and trying to bribe an Election Commission official to secure the party’s two-leaves symbol for the VK Sasikala-led faction. Chandrasekhar, however, will remain in jail in connection with other pending cases registered against him.
A Delhi court on Friday granted bail to alleged conman Sukesh Chandrasekhar in the bribery case related to the AIADMK’s “two leaves” election symbol. Special Judge Vishal Gogane granted him the relief on a personal bond of Rs 5 lakh. Chandrasekhar is accused of acting as a middleman for AIADMK leader T T V Dhinakaran and trying to bribe an Election Commission official to secure the party’s two leaves election symbol for the V K Sasikala-led faction. Chandrasekhar, however, will remain in jail in other pending cases registered against him.
The court said that in the present facts, the accused cannot be held responsible for the delay in the proceedings as he was entitled to exercise his right to challenge the order on charge. If the proceedings are stayed by the Supreme Court and the Delhi High Court, the accused cannot be punished by applying the Explanation to Section 479BNSS. The exercise of remedies under the law cannot be considered as a reason to sanction the accused and deprive him of the right under Section 479(1) and the third proviso to Section 479BNSS.
Appearing on behalf of Sukesh, advocate Anant Malik argued that the accused has been in custody for more than 7 years and 4 months in the present proceedings after being apprehended on 15.04.2017, whereas the offences for which he has been charged vide order dated 17.11.2018 are Section 8 of the Prevention of Corruption Act, Section 120-B of IPC read with Section 8 of Prevention of Corruption Act, Section 170/201/419/420/468/471/474 of IPC and none of these offences carry punishment for a term exceeding 7 years.
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