Supreme Court Grants bail to a Lady already undergone 2 years and 9 Months Sentence
The Supreme Court granted Bail to a lady who has already undergone 2 years and 9 months sentence in corruption case.
Background
Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Jharkhand at Ranchi in Criminal Appeal 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 had preferred the appeal.
Arguments
Advocate Gaurav Agrawal, appearing for the applicant, 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.
He contended that the applicant is a lady and has been convicted along with 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 been found in possession of the disproportionate assets.
Advocate Swati Ghildiyal, appearing for the respondent, 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.
She contended that looking at 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.
Decision
The division bench of Justice M.R. Shah and Justice Krishna Murari considering the fact that the appellant is a lady accused, who has already undergone 2 years and 9 months sentence, deemed it appropriate to release the appellant on bail during the pendency of the appeal on the conditions that may be imposed by the Trial Court.
The bench made it clear that the benefit of the order may not be available to the other co-accused persons and the order may not be cited as a precedent so far as the other co accused persons are concerned.
Case title: Menon Ekka @ Smt. Menon Ujjana Ekka v/s Union of India
Citation: Criminal appeal no. 1744 OF 2022
