Fali Nariman gets bail for Jayalalithaa; SC suspends trial court sentence [Read Order]

The Supreme court today released AIADMK supremo Jayalalithaa on bail and suspended the trial court’s sentence. A Bench headed by Chief Justice HL Dattu and comprising Justices Madan Lokur and AK Sikri heard Jayalalithaa’s counsel Fali Nariman at length before granting bail..The Court, however, granted bail only upon Nariman’s oral undertaking to submit the paperbook pertaining to the appeal filed in the Karnataka High Court within two months..Apart from Fali Nariman, Senior Advocate KTS Tulsi also appeared for the convicts. Subramanian Swamy, complainant in the original case, appeared in person and opposed the bail plea..Nariman argued that in cases of conviction under the Prevention of Corruption Act, the bar is only on suspending the order of conviction and not on the order of sentence. He relied on a catena of Supreme Court decisions to prove the same. He further submitted that refusal to suspend the sentence pending criminal appeal is only done in exceptional cases; and if it is followed as a norm, it would defeat the very purpose of criminal appeal..The Bench was initially skeptical given the fact that the trial had taken two decades, and that the appeal would very well meet with a similar fate..Nariman, however, assured the court that the appeal in Karnataka High Court would be disposed of expeditiously and there would be no delay tactics or adjournment on Jayalalithaa’s part..The Court took Nariman’s word and directed that the paperbook pertaining to the appeal before the Karnataka High Court be submitted within two months. The Court also granted bail to the other convicts in the case and asked all of them to ready their appeals against the conviction within two months. The Court also orally said that after all the paperwork pertaining to the appeal is completed, the same has to be filed in the Supreme Court whereupon the Supreme Court would direct the Karnataka High Court to dispose of the appeal in three months. .It has now listed the case for December 18. .The other convicts in the case include N Sasikala, VN Sudhakaran and J Ilavarasi. .Jayalalithaa was sentenced to four years imprisonment and fined Rs. 100 crore by Special Judge Michael Cunha in a case pertaining to acquisition of disproportionate assets. Subsequently, she had moved a bail application in the Karnataka High Court which Justice AV Chandrashekhara had rejected despite the Special Public Prosecutor informing the court that there was no objection in granting bail..Read the order below.