Menon Ekka @ Smt. Menon Ujjana Ekka Vs. Union of India
[Criminal Appeal No. 1744 of 2022]
1. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Jharkhand at Ranchi in IA No. 3428 of 2020 in Criminal Appeal No. 328 of 2020 by which the High Court has refused to release the applicant – appellant accused on interim bail during the pendency and final disposal of the appeal before the High Court, the appellant accused has preferred the present appeal.
2. Shri Gaurav Agrawal, learned counsel appearing on behalf of the applicant has vehemently submitted that the appellant has been sentenced to undergo 7 years RI, against which the appellant has already undergone 2 years and 9 months sentence by now. It is submitted that the applicant is a lady and has been convicted alongwith her husband for the offence under Section 109 IPC and Section 13(1)(e) and Section 13(2) of the Prevention of Corruption Act, having found in possession of the disproportionate assets. It is submitted that the appeals filed by the appellant and the other co-accused are not likely to be heard in near future and therefore, it is prayed to release the appellant on interim bail during the pendency and final disposal of the appeal before the High Court.
3. While opposing the present appeal, Ms. Swati Ghildiyal, learned counsel appearing on behalf of the respondent has vehemently submitted that as such the High Court was ready to take up the appeals for final disposal, however, the appellant and other co-accused were not ready for hearing of the appeals. It is submitted that therefore, the appellant shall not make a grievance that the appeal is not likely to be heard at the earliest. It is submitted that looking to the serious charges against the appellant and the nature of evidence in the record, the High Court has rightly refused to suspend the sentence and release the appellant on bail during the pendency of the appeal.
4. Having heard the learned counsel for the respective parties and considering the fact that the appellant is a lady accused, who has already undergone 2 years and 9 months sentence, we deem it appropriate to release the appellant on bail during the pendency of the appeal on the conditions that may be imposed by the learned Trial Court.
At the same time, as the High Court has observed in the impugned order that the appeals can be heard and disposed of finally, as and when the appellants get ready for the same, and even otherwise considering the serious charges against the accused, we also deem it appropriate to direct the Registry to notify the appeals preferred by the appellant and other co-accused being Criminal Appeal No. 326 of 2020 to Criminal Appeal No. 328 of 2020 before the appropriate Bench within a period of two weeks from the date of receipt of the present order and thereafter the High Court to decide and dispose of the said appeals at the earliest and within the time bound period.
5. In view of the above and for the reasons stated above and solely on the ground that the appellant is a lady accused and has already undergone 2 years and 9 months sentence, present appeal is allowed. Appellant is ordered to be released on bail during the pendency of the Criminal Appeal No. 328 of 2020 pending before the High Court on the conditions that may be imposed by the learned Trial court. It is specifically observed and made clear that the benefit of the present order may not be available to the other co-accused persons and the present order may not be cited as a precedent so far as the other coaccused persons are concerned.
We direct the Registry of the High Court to notify the Criminal Appeal No. 326 of 2020 to Criminal Appeal No. 328 of 2020 before the Bench taking up such appeals and we request the High Court to finally decide and dispose of the said appeals at the earliest but not later than six months from the first listing before the concerned court. All concerned / all the accused / appellants are directed to cooperate in earlier disposal of the appeals by the High Court and within the stipulated time stated hereinabove. Any attempt on the part of the appellant and/or the other co-accused to delay the hearing of the final disposal of the appeals shall be viewed seriously. Present appeal is allowed accordingly to the aforesaid extent. Pending application, if any, also stands disposed of.
………………………………….J. [M.R. SHAH]
………………………………….J. [KRISHNA MURARI]
NEW DELHI;
OCTOBER 14, 2022.
Item No. 1505
Menon Ekka @ Smt. Menon Ujjana Ekka Vs. Union of India
[Criminal Appeal No(s). 1744/2022]
[Heard by: Hon. M.R. Shah and Hon. Krishna Murari, Jj.]
[IA No. 108366/2021 – Exemption from Filing Affidavit]
[IA No. 108635/2021 – Exemption from Filing O.T.]
[IA No. 10854/2022 – Grant of Bail]
[IA No. 108361/2021 – Interim Bail]
Date: 14-10-2022
This appeal was called on for pronouncement of Order today.
For Appellant(s)
Mr. Gaurav Agrawal, AOR
For Respondent(s)
Ms. Swati Ghildiyal, Adv
Mr. Akshay Amritanshu, Adv
Mr. Navanjay Mahapatra, Adv.
Mr. Raghavendra S Srivatsa, Adv
Mr. Shailesh Madiyal, Adv
Mr. Pratik Samajpati, Adv
Mr. Nakul Chengappa K.K., Adv.
Mr. Arvind Kumar Sharma, AOR
Hon’ble Mr. Justice M.R. Shah pronounced the Order comprising His Lordship and Hon’ble Mr. Justice Krishna Murari.
The appeal is allowed in terms of the Signed Order. The order inter alia reads as under:
“Appellant is ordered to be released on bail during the pendency of the Criminal Appeal No. 328 of 2020 pending before the High Court on the conditions that may be imposed by the learned Trial court.”
Pending application(s), if any, also stands disposed of.
