Usha Rani v. State of Jharkhand through Anti Corruption Bureau
2020-02-25
ANUBHA RAWAT CHOUDHARY
body2020
DigiLaw.ai
JUDGMENT : ANUBHA RAWAT CHOUDHARY, J. 1. Learned counsel for the appellant is present. 2. This appeal has been filed against the judgment of conviction and order of sentence dated 31.01.2020 passed by learned Special Judge Anti-Corruption Bureau Ranchi in Special Case No. 15 of 2006 CNR-JHR No. 1-000095-2006 (Arising out of Vigilance P.S. Case No. 13 of 2006 dated 27.11.2006) whereby the appellant has been convicted and sentenced to undergo rigorous imprisonment for 2 years and to pay a fine of Rs. 10,000/- for committing the offence under Section 7 of the Prevention of Corruption Act, 1988 and further in default a payment of fine, she shall further undergo rigorous imprisonment for 2 years and to pay a fine of Rs. 10,000/- for committing the offences under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988. In default of payment of fine, she shall further undergo rigorous imprisonment for 6 months. Both the sentences of imprisonment shall run concurrently. The appellant prays in the present appeal to set aside judgment of conviction and sentence as well as acquit her from charges levelled against her. I.A. No. 1719 of 2020 3. Learned counsel for the appellant submits that I.A. No. 1719 of 2020 has been filed for confirmation of provisional bail which has been granted by the learned court below and the provisional bail is expiring on 29.02.2020. He further submits that the impugned judgment suffers from improper appreciation of evidence on record. Learned counsel for the appellant submits that upon true interpretation of the evidences on record it transpires that the prosecution has not been able to prove the case beyond all reasonable doubts. He submits that for this purpose the main appeal be admitted, L.C.R. may be called for and the provisional bail of the appellant be confirmed. 4. Learned counsel appearing on behalf of the CBI has no serious objection in connection with the prayer made by the petitioner. He submits that the fine amount imposed by the learned court below be directed to be deposited by the appellant. 5.
4. Learned counsel appearing on behalf of the CBI has no serious objection in connection with the prayer made by the petitioner. He submits that the fine amount imposed by the learned court below be directed to be deposited by the appellant. 5. After hearing the learned counsel for the parties and after considering the facts and circumstances of this case, so far as I.A. No. 1719 of 2020 is concerned, the provisional bail granted by the learned court below vide order dated 31.01.2020 in Special Case No. 15 of 2006 CNR-JHR No. 1-000095-2006 (Arising out of Vigilance P.S. Case No. 13 of 2006 dated 27.11.2006) which is expiring on 29.02.2020 is hereby confirmed subject to the following conditions:- (i) The appellant shall deposit the fine amount before the learned court below by 17.03.2020. If the fine amount is not deposited by 17.03.2020, the learned court below shall cancel the bail bond furnished by the appellant. (ii) The appellant will submit attested copy of his Aadhar Card and also give his mobile number before the learned court below which he will not change during the pendency of this appeal without permission of this Court. 6. Accordingly, I.A. No. 1719 of 2020 stands disposed of. Cr. Appeal (S.J.) No. 143 of 2020 7. Admit. 8. Call for the lower court records of in Special Case No. 15 of 2006 CNR-JHR No. 1-000095-2006 (Arising out of Vigilance P.S. Case No. 13 of 2006 dated 27.11.2006) from the court concerned. 9. Post this case on 07.04.2020. 10. Let this order be communicated to the court concerned through FAX.