Menon Ekka @ Menon Ujjana Ekka vs Union Of India

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)

ORDER

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

1 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

2 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

3 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]

4 1

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."

2 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)