Madhya Pradesh High Court
Radha Chari vs The State Of Madhya Pradesh on 30 January, 2023
Author: Vivek Rusia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 11523 of 2022
(RADHA CHARI Vs THE STATE OF MADHYA PRADESH)
Dated : 30-01-2023
Shri Sachin Bhatnagar, learned counsel for the appellant.
Shri Raghvendra Singh Raghuvanshi, learned counsel for the
Respondent.
Heard on the question of admission.
The appeal is admitted for final hearing.
Also heard on I.A.No.15834/2022, first application for grant of
suspension of sentence filed on behalf of appellant.
The trial Court has convicted the appellant under Section 13(1)(D) r/w
Sec. 13/2 of Prevention of Corruption Act read with Section 120(B)
of IPC and sentenced to undergo four years' RI with fine of Rs.2,000/- under
each Sections with default stipulation, vide judgment of conviction and order of
sentence dated 4.11.2022 passed by Special Judge (Prevention of
Corruption Act), Indore in Special S.T.No.15/2016.
Prosecution case, in brief, is that complainant Ramesh Bamne applied for
copy of Khasra of his agricultural land as well as his sister-in-law and
brother-in-law's in the office of Tehsil, Collectorate, Indore. He
approached concerned Clerk appellant-Radha Chari for the same, who
demanded an amount of Rs.1,500/- as illegal gratification for supply of
copy of the aforesaid Khasra and called him on 1.4.2015 in her office.
Complainant recorded her conversation with regard to demand of bribe and
Signature Not Verified
made written complaint dated 1.4.2015 alongwith
Signed by: REENA
PARTHO SARKAR
pen drive before the
Signing time: 1/31/2023
10:52:26 AM
Superintendent, Special Police Establishment (Ex.P/1), which was marked
to Inspector Anil for verification and further action. The trap was organized,
wherein appellant Radha Chari accepted the tainted currency note amounting
Rs.900/- and handed over the same to the co-accused Manju Dikshit. Both the
accused persons were caught red handed accepting tainted currency note. Their
hands turned pink when dipped into Sodium Carbonate solution. After
completion of investigation charge sheet was filed.
Learned counsel for the appellant submits that the appellant was
not authorised to issue the certified copy and co-accused Manju Dikshit, who
has been enlarged on bail by this Court vide order dated 02.12.2022 in Cr.A.
No.10325/2022, was the authorised person to issue the certified copy.
Appellant is a lady and is in custody since 4.11.2022. There is no likelihood of
hearing of appeal in near future. In view of aforesaid, learned counsel for the
appellant prays for suspension of remaining jail sentence and grant of the bail to
the appellant.
Learned counsel appearing for the respondent/State referring to the
transcript Panchnama of the recorded conversation relating to demand
of bribe submits that complainant specifically identified the voice of the
appellant, wherein she is demanding money from him. Appellant was caught red
handed accepting the tainted currency note from the complainant. She
has not shifted the presumption drawn against her under Section 20 of
Prevention of Corruption Act. Offence alleged against her is of serious in
nature, therefore, she is not entitled for bail.
Heard learned counsel for both the parties and perused the
record.
Signature Not Verified
Signed by: REENA
PARTHO SARKAR On due consideration of the arguments advanced by learned counsel for
Signing time: 1/31/2023
10:52:26 AM
the appellants and on perusal of the record, further taking into consideration that
the appellant is a lady and is in jail since 04.11.2022, there is no likelihood of
hearing of this appeal in near future, without expressing any opinion on merits
of the case, in view of this Court, her application I.A.No. 15834/2022 deserves
to be allowed and thus is allowed and jail sentence of appellant-Radha Chari
shall remain suspended.
It is directed that subject to depositing the fine amount, if
already not deposited, she shall be released on bail, on furnishing
personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) along
with solvent surety in the like amount to the satisfaction of trial Court, for her
appearance before the Registry of this Court firstly on 12.06.2023, and on such
other dates, as may be fixed by the Registry in this regard, till final disposal of
this appeal.
I.A.No.15834/2022 is allowed.
List for final hearing in due course.
C.C. as per rules.
(VIVEK RUSIA)
JUDGE
das
Signature Not Verified
Signed by: REENA
PARTHO SARKAR
Signing time: 1/31/2023
10:52:26 AM
