Sankhi Murmu vs The State Of Jharkhand Through Acb
2023 Latest Caselaw 2662 Jhar

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          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  Cr. Appeal (SJ) No.247 of 2023
Sankhi Murmu                                 ..... ... Appellant
                           Versus
The State of Jharkhand through ACB           .... .... Respondent
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CORAM : HON'BLE MR. JUSTICE SUBHASH CHAND

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For the Appellant : Mr. A.K. Sahani, Advocate For the State : Mr. Manoj Kumar, A.C. to Sr. S.C. I

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th 05/7 August, 2023 I.A. No.5450 of 2023

1. The instant interlocutory application has been filed on behalf of

the appellant under Section 389(1) Cr.P.C. for suspension of

sentence in connection with judgment of conviction and order of

sentence dated 23rd March, 2023 passed by the learned Special

Judge, Anti-Corruption Bureau, West Singhbhum at Chaibasa in

Vigilance Case No.04 of 2020, whereby and whereunder the

appellant has been convicted for the offence under Section 7(a) of

the Prevention of Corruption (Amendment) Act and has been

sentenced to undergo rigorous imprisonment for five years along

with fine of Rs.5,000/- and in default of payment of fine amount,

he was further directed to undergo simple imprisonment for six

months.

2. Learned counsel for the appellant has submitted that as per

prosecution case, the informant was in need of genealogical table

and it is alleged that he contacted to Mukhiya of village, who

made demand of Rs.10,000/- for the same. On request made by

the informant, Mukhiya became agree for Rs.5,000/- but the

informant did not pay the same and a complaint was filed by him

to the officer-in-charge of Vigilance (A.C.B.), Jamshedpur. After

verification, the case was registered and thereafter the raid was

conducted and GC Note Memorandum was prepared. The finger of

the appellant was dipped in the solution of sodium carbonate

which turned pink. As such, the appellant was caught red handed

while she had been receiving Rs.4,000/- as bribe for issuing the

genealogical table.

3. Learned counsel for the appellant has further submitted that the

Mukhiya was not authorized to issue any genealogical table and it

was Circle Officer, who was authorized to issue the same. Indeed

the appellant has been entrapped in this case and there is no

independent witness in regard to demand of alleged bribe or

accepting the same. So far as the recovery of the currency notes

in bribe are concerned, the witness of the same are P.W.s 3 and 4,

who are also the member of raiding team and were also interested

with the officer who was heading the raiding team. The appellant

is a lady and she has served out the sentence of 18 months in jail.

The maximum sentence awarded by the learned trial court is 5

years and this appeal is of the year 2023 and same is not likely to

be heard in near future. It is further submitted that keeping in

view the aforesaid fact, the appellant may be released on bail

during pendency of the appeal.

4. Learned A.C. to Sr. S.C. I appearing on behalf of the state

contended that the impugned judgment passed by the learned

trial court does not bears any infirmity. The appellant was caught

red handed and the raiding team has no interest as alleged, rather

the informant had made compliant in regard to bribe of Rs.5,000/-

which was demanded by the appellant.

5. From perusal of the impugned judgment, it is found that

admittedly the Mukhiya of the village is not authorized person to

issue the genealogical table. Keeping in view the witnesses of the

recovery memo, who are the police personnel and also the fact

that this criminal appeal is not likely to be heard in near future, I

am of the view that it is a fit case for keeping the sentence in

abeyance.

6. Accordingly, the I.A. No.5450 of 2023 stands allowed.

7. In consequence, thereof, the appellant abovenamed is directed to

be released on bail on furnishing bail bond of Rs.25,000/- (Rupees

Twenty Five Thousand) with two sureties of the like amount each

to the satisfaction of the learned Special Judge, ACB West

Singhbhum at Chaibasa in connection with Vigilance Case No.04 of

2020.

8. It is made clear that any observation made in this order will not

prejudice the issue on merit as the appeal is lying pending for its

consideration.

Cr. Appeal (SJ) No.247 of 2023

9. List this appeal for hearing as per seriatim.

(Subhash Chand, J.) Rohit