Full Judgment Text
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1744 OF 2022
Menon Ekka @ Smt. Menon Ujjana Ekka …Appellant(s)
Versus
Union of India …Respondent(s)
O R D E R
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)
Signature Not Verified
and Section 13(2) of the Prevention of Corruption Act, having found in
Digitally signed by
GEETA AHUJA
Date: 2022.10.14
18:06:05 IST
Reason:
possession of the disproportionate assets. It is submitted that the
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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
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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 co-
accused 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
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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]
NEW DELHI; ………………………………….J.
OCTOBER 14, 2022. [KRISHNA MURARI]
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ITEM NO.1505 COURT NO.6 SECTION II-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Criminal Appeal No(s). 1744/2022
MENON EKKA @ SMT.MENON UJJANA EKKA Appellant(s)
VERSUS
UNION OF INDIA Respondent(s)
([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."
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Pending application(s), if any, also stands
disposed of.
(Geeta Ahuja) (Nisha Tripathi)
Astt. Registrar-Cum-PS Assistant Registrar
(Signed Order is placed on the file)