Ved Prakash vs Union Territory Of J&K And Others
2023 Latest Caselaw 2261 j&K

                                                                                  82


     HIGH COURT OF JAMMU, KASHMIR AND LADAKH
                     AT JAMMU

Crl A(S) No. 13/2023



Ved Prakash                                       .....Appellant(s)/Petitioner(s)
                       Through: Mr. Vikram Sharma, Sr. Adv. with
q
                                Mr. Sachin Dev Singh, Adv.
                 vs
Union Territory of J&K and others                           ..... Respondent(s)
                       Through: None.


Coram: HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE

                                   ORDER

11.10.2023

The appellant has challenged judgment of conviction dated 06.10.2023

passed by the learned Special Judge Anticorruption, Jammu, whereby the appellant

has been convicted for offences under Sections 4-A and 5(2) of the J&K Prevention

of Corruption Act and sentenced to imprisonment of one year with a fine of Rs.

10,000/- in each of the aforesaid offences.

Learned Senior Counsel appearing for the appellant has submitted that there

are various legal infirmities in the impugned judgment of conviction passed by the

learned trial court. He has submitted that it is stated in the impugned judgment that

no recovery of bribe amount was made on spot and that the recovery was effected at

a distance of one and half kilometres away from the site of plan and this aspect of

the matter has gone unexplained. It has been further submitted that the alleged trap

had taken place at a busy place, but inspite of this, no civil witness was associated

by the investigating agency nor any explanation has been tendered by the

Investigating Officer as to why any independent civil witness was not associated

Crl A(S) No. 13/2023

with the proceedings. It has also been contended that the appellant is a senior citizen

and he has never jumped the bail, while facing trial before the trial court.

Issue notice to the respondents.

In the meanwhile, till next date of hearing, sentence imposed upon the

appellant is suspended and he is admitted to bail, subject to following conditions:

i) That he shall furnish surety bond in the amount of Rs. 50,000/- to the

satisfaction of the Registrar Judicial of this Court and a personal

bond in the same amount to the satisfaction of the in-charge of the

concerned jail.

ii) That he shall remain present in Court on each date of hearing.

iii) That he shall not leave the limits of the Union Territory of J&K

without prior permission of this Court.

List on 29.11.2023.

(SANJAY DHAR) JUDGE

Jammu 11.10.2023 Rakesh