Upendramani Upadhayaya vs State Of Chhattisgarh
2022 Latest Caselaw 3971 Chatt

               HIGH COURT OF CHHATTISGARH, BILASPUR
                                    Order Sheet
                                 CRA No. 1273 of 2018


   Upendramani Upadhayaya, S/o Ambikaprasad Upadhayaya, Aged about 50
    Years, Krishi Vigyaan Kendra, Mahasamund Attached Genetics and Palnt
    Breeding Department, Agriculture College, Raipur, Chhattisgarh.
                                                                       ---- Appellant
                                       Versus
   State of Chhattisgarh, Through- P.S. A.C.B. Raipur, Chhattisgarh, District :
    Raipur, Chhattisgarh.                                   ---- Respondent

23.06.2022 Ms. Aishley Shrivastava and Ms. Aditi Singhvi, counsel for the appellant.

Ms. Deepti Shukla, P.L. for the State/respondent.

Mr. Akhtar Hussain, counsel for the complainant.

Heard on I.A. No. 03/2022, application for direction to release the amount seized from the complainant.

The appellant has been convicted and sentenced by the judgment of conviction and order of sentence dated passed 21/08/2018 in Special Sessions Case No.234/2016 by the Special Judge (Prevention of Corruption Act) & Eight Additional Sessions Judge, Raipur, District- Raipur (C.G.) as under:-

             Conviction                            Sentence
             Under Section 7 of PC Act             R.I. for 4 years with fine of Rs.
                                                   5,000/- and default in payment
                                                   of fine amount additional R.I.
                                                   for 1 month.

U/s. 13 (1)(d) r/w Section 13 (2) of R.I. for 4 years with fine of Rs.

         PC Act.                                  5,000/- and default in payment
                                                 of fine amount additional R.I.
                                                 for 1 month.

Learned counsel for the complainant submits that during the course of investigation the Anti Corruption Team, Raipur (C.G.) seized Rs. 40,000/- of the complainant from the appellant. While pronouncing the judgment dated 21.08.2018 the learned trial Court in para 48 observed that the said amount be returned to the complainant in the event of no appeal being filed against the said judgment after completion of the appeal period.

Learned State counsel & appellant counsel have raised no objection.

On due consideration and the reason mentioned in I.A. No.3/2022, the same is allowed and the amount Rs. 40,000/- of the complainant Chandrashekhar Khare which was seized from the accused/appellant by Anti Corruption Team, Raipur (C.G.) is hereby directed to be released in favour of the complainant on his furnishing a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs. 50,000/- each to the satisfaction of the trial Court.

List the case in its due course.

Sd/-

(Gautam Chourdiya) Judge

Nadim