The division judge bench of Justice M.R. Shah and Justice Krishna Murari of the apex court in the case of Menon Ekka @ Smt. Menon Ujjana Ekka Vs Union of India released the appellant on bail as the appellant is a lady accused, who has already undergone 2 years and 9 months sentence.
BRIEF FACTS
The factual matrix of the case is that the high court refused the bail to the applicant- 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.
The learned counsel appearing on behalf of the appellant has 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 was further submitted that the applicant is a lady and has been convicted along with her husband for the offense 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. At last, it was submitted that the appellant and the co-accused are not likely to be heard in near future and prayed to release the appellant on interim bail.
The learned counsel appearing on behalf of the respondent submitted that the high court was ready to take up the appeal for final disposal, however, the appellant and the co-accused were not ready to take up the appeal for the final disposal. It is also submitted that after looking into the seriousness of the charges, the high court has rightly refused to suspend the charges and release the appellant on bail.
COURT’S OBSERVATION
The apex court granted bail after considering that the appellant is a lady accused, who has already undergone 2 years and 9 months sentence. The Appellant is ordered to be released on bail during the pendency of the Criminal Appeal 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.
CASE NAME- Menon Ekka @ Smt. Menon Ujjana Ekka Vs Union of India
CITATION- CRIMINAL APPEAL NO. 1744 OF 2022
CORUM- Justice M.R. Shah and Justice Krishna Murari
DATE- 14.10.22
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