IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1744 OF 2022 Menon Ekka @ Smt. Menon Ujjana Ekka …Appellant(s) Versus Union of India …Respondent(s) O R D E R 1. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Jharkhand at Ranchi in IA No. 3428 of 2020 in Criminal Appeal No. 328 of 2020 by which the High Court has refused to release the applicant – appellant 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. 2. Shri Gaurav Agrawal, learned counsel appearing on behalf of the applicant has vehemently 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 is submitted that the applicant is a lady and has been convicted alongwith her husband for the offence 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. It is submitted that the 1
appeals filed by the appellant and the other co-accused are not likely to be heard in near future and therefore, it is prayed to release the appellant on interim bail during the pendency and final disposal of the appeal before the High Court. 3. While opposing the present appeal, Ms. Swati Ghildiyal, learned counsel appearing on behalf of the respondent has vehemently submitted that as such the High Court was ready to take up the appeals for final disposal, however, the appellant and other co-accused were not ready for hearing of the appeals. It is submitted that therefore, the appellant shall not make a grievance that the appeal is not likely to be heard at the earliest. It is submitted that looking to the serious charges against the appellant and the nature of evidence in the record, the High Court has rightly refused to suspend the sentence and release the appellant on bail during the pendency of the appeal. 4. Having heard the learned counsel for the respective parties and considering the fact that the appellant is a lady accused, who has already undergone 2 years and 9 months sentence, we deem it appropriate to release the appellant on bail during the pendency of the appeal on the conditions that may be imposed by the learned Trial Court. At the same time, as the High Court has observed in the impugned order 2
that the appeals can be heard and disposed of finally, as and when the appellants get ready for the same, and even otherwise considering the serious charges against the accused, we also deem it appropriate to direct the Registry to notify the appeals preferred by the appellant and other co-accused being Criminal Appeal No. 326 of 2020 to Criminal Appeal No. 328 of 2020 before the appropriate Bench within a period of two weeks from the date of receipt of the present order and thereafter the High Court to decide and dispose of the said appeals at the earliest and within the time bound period. 5. In view of the above and for the reasons stated above and solely on the ground that the appellant is a lady accused and has already undergone 2 years and 9 months sentence, present appeal is allowed. Appellant is ordered to be released on bail during the pendency of the Criminal Appeal No. 328 of 2020 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. We direct the Registry of the High Court to notify the Criminal Appeal No. 326 of 2020 to Criminal Appeal No. 328 of 2020 before the Bench taking up such appeals and we 3
request the High Court to finally decide and dispose of the said appeals at the earliest but not later than six months from the first listing before the concerned court. All concerned / all the accused / appellants are directed to cooperate in earlier disposal of the appeals by the High Court and within the stipulated time stated hereinabove. Any attempt on the part of the appellant and/or the other co-accused to delay the hearing of the final disposal of the appeals shall be viewed seriously. Present appeal is allowed accordingly to the aforesaid extent. Pending application, if any, also stands disposed of. ………………………………….J. [M.R. SHAH] NEW DELHI; ………………………………….J. OCTOBER 14, 2022. [KRISHNA MURARI] 4
1 ITEM NO.1505 COURT NO.6 SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Criminal Appeal No(s). 1744/2022 MENON EKKA @ SMT.MENON UJJANA EKKA Appellant(s) VERSUS UNION OF INDIA Respondent(s) ([HEARD BY: HON. M.R. SHAH AND HON. KRISHNA MURARI, JJ.] IA No. 108366/2021 - EXEMPTION FROM FILING AFFIDAVIT IA No. 108635/2021 - EXEMPTION FROM FILING O.T. IA No. 10854/2022 - GRANT OF BAIL IA No. 108361/2021 - INTERIM BAIL) Date : 14-10-2022 This appeal was called on for pronouncement of Order today. For Appellant(s) Mr. Gaurav Agrawal, AOR For Respondent(s) Ms. Swati Ghildiyal, Adv Mr.Akshay Amritanshu, Adv Mr. Navanjay Mahapatra, Adv. Mr. Raghavendra S Srivatsa, Adv Mr. Shailesh Madiyal, Adv Mr. Pratik Samajpati, Adv Mr. Nakul Chengappa K.K., Adv. Mr. Arvind Kumar Sharma, AOR Hon’ble Mr. Justice M.R. Shah pronounced the Order comprising His Lordship and Hon’ble Mr. Justice Krishna Murari. The appeal is allowed in terms of the Signed Order. The order inter alia reads as under : "Appellant is ordered to be released on bail during the pendency of the Criminal Appeal No. 328 of 2020 pending before the High Court on the conditions that may be imposed by the learned Trial court."
2 Pending application(s), if any, also stands disposed of. (Geeta Ahuja) (Nisha Tripathi) Astt. Registrar-Cum-PS Assistant Registrar (Signed Order is placed on the file)
1 ITEM NO.1505 COURT NO.6 SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Criminal Appeal No(s). 1744/2022 MENON EKKA @ SMT.MENON UJJANA EKKA Appellant(s) VERSUS UNION OF INDIA Respondent(s) ([HEARD BY: HON. M.R. SHAH AND HON. KRISHNA MURARI, JJ.] IA No. 108366/2021 - EXEMPTION FROM FILING AFFIDAVIT IA No. 108635/2021 - EXEMPTION FROM FILING O.T. IA No. 10854/2022 - GRANT OF BAIL IA No. 108361/2021 - INTERIM BAIL) Date : 14-10-2022 This appeal was called on for pronouncement of Order today. For Appellant(s) Mr. Gaurav Agrawal, AOR For Respondent(s) Ms. Swati Ghildiyal, Adv Mr.Akshay Amritanshu, Adv Mr. Navanjay Mahapatra, Adv. Mr. Raghavendra S Srivatsa, Adv Mr. Shailesh Madiyal, Adv Mr. Pratik Samajpati, Adv Mr. Nakul Chengappa K.K., Adv. Mr. Arvind Kumar Sharma, AOR Hon’ble Mr. Justice M.R. Shah pronounced the Order comprising His Lordship and Hon’ble Mr. Justice Krishna Murari. The appeal is allowed in terms of the Signed Order. The order inter alia reads as under : "Appellant is ordered to be released on bail during the pendency of the Criminal Appeal No. 328 of 2020 pending before the High Court on the conditions that may be imposed by the learned Trial court."
2 Pending application(s), if any, also stands disposed of. (Geeta Ahuja) (Nisha Tripathi) Astt. Registrar-Cum-PS Assistant Registrar (Signed Order is placed on the file)
ITEM NO.60 COURT NO.7 SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 3422/2021 (Arising out of impugned final judgment and order dated 24-08-2020 in IA No. 3428/2020 passed by the High Court Of Jharkhand At Ranchi) MENON EKKA @ MENON UJJANA EKKA Petitioner(s) VERSUS UNION OF INDIA Respondent(s) IA No. 108366/2021 - EXEMPTION FROM FILING AFFIDAVIT IA No. 108635/2021 - EXEMPTION FROM FILING O.T. IA No. 10854/2022 - GRANT OF BAIL IA No. 108361/2021 - INTERIM BAIL Date : 10-10-2022 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE M.R. SHAH HON'BLE MR. JUSTICE KRISHNA MURARI For Petitioner(s) Mr. Gaurav Agrawal, AOR For Respondent(s) Ms. Swati Ghildiyal, Adv. Mr. Akshay Amritanshu, Adv. Mr. Navanjay Mahapatra, Adv. Mr. Shailesh Madiyal, Adv. Mr. Raghavendra S. Srivatsa, Adv. Mr. Pratik Samajpati, Adv. Mr. Nakul Chengappa K.K., Adv. Mr. Arvind Kumar Sharma, AOR UPON hearing the counsel the Court made the following O R D E R We have heard Mr. Gaurav Agrawal, learned counsel, appearing on behalf of the petitioner and Ms. Swati Ghildiyal, learned counsel, appearing on behalf of the Respondent-Union of India. Leave granted. Arguments concluded. Order reserved. (R. NATARAJAN) (NISHA TRIPATHI) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR
ITEM NO.39 Court 8 (Video Conferencing) SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 3422/2021 (Arising out of impugned final judgment and order dated 24-08-2020 in IA No. 3428/2020 passed by the High Court of Jharkhand at Ranchi) MENON EKKA @ MENON UJJANA EKKA Petitioner(s) VERSUS UNION OF INDIA Respondent(s) (IA No. 108366/2021 - EXEMPTION FROM FILING AFFIDAVIT IA No.108635/2021 - EXEMPTION FROM FILING O.T. IA No. 128860/2021 - INTERIM BAIL IA No. 108361/2021 - INTERIM BAIL) Date : 06-12-2021 These matters were called on for hearing today. CORAM : HON'BLE MS. JUSTICE INDIRA BANERJEE HON'BLE MR. JUSTICE J.K. MAHESHWARI For Petitioner(s) Mr. Gaurav Agrawal, AOR For Respondent(s) Mr. K.M. Nataraj, ASG Ms. Swati Ghildiyal, Adv. Mr. Akshay Amritanshu, Adv. Mr. Navanjay Mahapatra, Adv. Mr. Raghavendra S. Srivatsa, Adv. Mr. Shailesh Madiyal, Adv. Mr. Arvind Kumar Sharma, AOR UPON hearing the counsel the Court made the following O R D E R Considering the status of health of the petitioner, we deem it appropriate that the petitioner be granted interim bail for a period of one month on the terms and conditions as may be imposed by the Trial Court. The interlocutory application for interim bail being I.A. No. 128860 of 2021 is, accordingly, disposed of. Let the special leave petition be listed on 18.01.2022. (MANISH ISSRANI) (MATHEW ABRAHAM) COURT MASTER (SH) COURT MASTER (NSH)
ITEM NO.801 Court 8 (Video Conferencing) SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 3422/2021 (Arising out of impugned final judgment and order dated 24-08-2020 in IA No. 3428/2020 passed by the High Court of Jharkhand at Ranchi) MENON EKKA @ MENON UJJANA EKKA Petitioner(s) VERSUS UNION OF INDIA Respondent(s) Date : 08-10-2021 This petition was called on for hearing by way of mentioning today. CORAM : HON'BLE MS. JUSTICE INDIRA BANERJEE HON'BLE MR. JUSTICE J.K. MAHESHWARI For Petitioner(s) Mr. Shankar Narayanan, Adv. (Mentioned by) Mr. Gaurav Agrawal, AOR For Respondent(s) Mr. Arvind Kumar Sharma, AOR UPON hearing the counsel the Court made the following O R D E R Let the matter be listed before the Vacation Bench, if any. (MANISH ISSRANI) (MATHEW ABRAHAM) COURT MASTER (SH) COURT MASTER (NSH)
ITEM NO.802 Court 8 (Video Conferencing) SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 3422/2021 (Arising out of impugned final judgment and order dated 24-08-2020 in IA No. 3428/2020 passed by the High Court Of Jharkhand At Ranchi) MENON EKKA @ MENON UJJANA EKKA Petitioner(s) VERSUS UNION OF INDIA Respondent(s) ([NOT TAKEN UP ON 28.09.2021] ) Date : 01-10-2021 This petition was called on by way of mentioning today. CORAM : HON'BLE MS. JUSTICE INDIRA BANERJEE HON'BLE MR. JUSTICE J.K. MAHESHWARI For Petitioner(s) Mr. Gaurav Agrawal, AOR Mr. Shankar Narayanan, Adv. For Respondent(s) Mr. Arvind Kumar Sharma, AOR UPON hearing the counsel the Court made the following O R D E R On being mentioned, the matter is taken on Board. List on 05.10.2021. (GULSHAN KUMAR ARORA) (MATHEW ABRAHAM) AR-CUM-PS COURT MASTER (NSH)
ITEM NO.14 Court 8 (Video Conferencing) SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 3422/2021 (Arising out of impugned final judgment and order dated 24-08-2020 in IA No. 3428/2020 passed by the High Courtj of Jharkhand at Ranchi ) MENON EKKA @ MENON UJJANA EKKA Petitioner(s) VERSUS UNION OF INDIA Respondent(s) (IA No. 108366/2021 - EXEMPTION FROM FILING AFFIDAVIT IA No. 108635/2021 - EXEMPTION FROM FILING O.T. IA No. 108361/2021 - INTERIM BAIL) Date : 14-09-2021 This matter was called on for hearing today. CORAM : HON'BLE MS. JUSTICE INDIRA BANERJEE HON'BLE MR. JUSTICE J.K. MAHESHWARI For Petitioner(s) Mr. Shankar Narayanan, Adv. Mr. Gaurav Agrawal, AOR For Respondent(s) Mr. K.M. Nataraj, ASG Mr. Akshay Amritanshu, Adv. Ms. Swati Ghildiyal, Adv. Mr. Navanjay Mohapatra, Adv. Mr. Arvind Kumar Sharma, AOR UPON hearing the counsel the Court made the following O R D E R Adjourned for a week to enable learned Additional Solicitor General of India to obtain instructions as to the state of health of the petitioner. List on Tuesday i.e. 21 st September, 2021. (SONIA BHASIN) (MATHEW ABRAHAM) COURT MASTER (SH) COURT MASTER (NSH)
ITEM NO.802 Court 10 (Video Conferencing) SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 3422/2021 (Arising out of impugned final judgment and order dated 24-08-2020 in IA No. 3428/2020 passed by the High Court of Jharkhand at Ranchi) MENON EKKA @ MENON UJJANA EKKA Petitioner(s) VERSUS UNION OF INDIA Respondent(s) Date : 09-08-2021 This petition was called on for hearing by way of mentioning today. CORAM : HON'BLE MS. JUSTICE INDIRA BANERJEE HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN For Petitioner(s) Mr. Gaurav Agrawal, AOR [Mentioned by] For Respondent(s) Mr. Arvind Kumar Sharma, AOR UPON hearing the counsel the Court made the following O R D E R List on 14-09-2021. (MANISH ISSRANI) (MATHEW ABRAHAM) COURT MASTER(SH) COURT MASTER(NSH)
ITEM NO.6 Court 11 (Video Conferencing) SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS IA 65879/2021 in Petition(s) for Special Leave to Appeal (Crl.) No(s). 3422/2021 (Arising out of impugned final judgment and order dated 24-08-2020 in IA No. 3428/2020 in Crl.A(SJ) No.328/2020 passed by the High Court Of Jharkhand At Ranchi) MENON EKKA @ MENON UJJANA EKKA Petitioner(s) VERSUS UNION OF INDIA Respondent(s) ( IA No. 65879/2021 - INTERIM BAIL) Date : 11-06-2021 These matters were called on for hearing today. CORAM : HON'BLE MS. JUSTICE INDIRA BANERJEE HON'BLE MR. JUSTICE M.R. SHAH (VACATION BENCH) For Petitioner(s) Mr. Gaurav Agrawal, AOR For Respondent(s) Mr. K.M.Nataraj, ASG Mr. Gurmeet Singh Makker, AOR Ms. Swati Ghildiyal, Adv. Mr. Akshay Amritanshu, Adv. Mr. Navanjay Mohapatra, Adv. UPON hearing the counsel the Court made the following O R D E R I.A.No.65879 of 2021 is dismissed. List the Special Leave Petition for final hearing on 29.07.2021. (NIRMALA NEGI) (MATHEW ABRAHAM) COURT MASTER (SH) COURT MASTER (NSH)
ITEM NO.10 Court 3 (Video Conferencing) SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 3422/2021 (Arising out of impugned final judgment and order dated 24-08-2020 in IA No. 3428/2020 passed by the High Court Of Jharkhand At Ranchi) MENON EKKA @ MENON UJJANA EKKA Petitioner(s) VERSUS UNION OF INDIA Respondent(s) Date : 04-05-2021 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE UDAY UMESH LALIT HON'BLE MS. JUSTICE INDIRA BANERJEE HON'BLE MR. JUSTICE K.M. JOSEPH For Petitioner(s) Mr. Gaurav Agrawal, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Not to be listed before the Bench of which Hon’ble Mr. Justice Uday Umesh Lalit is a member. (INDU MARWAH) (VIRENDER SINGH) COURT MASTER (SH) BRANCH OFFICER
ITEM NO.9 Court 11 (Video Conferencing) SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 10115/2021 (Arising out of impugned final judgment and order dated 24-08-2020 in IA No. 3428/2020 passed by the High Court Of Jharkhand At Ranchi) MENON EKKA @ MENON UJJANA EKKA Petitioner(s) VERSUS UNION OF INDIA Respondent(s) (IA No.55499/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.55498/2021-EXEMPTION FROM CUSTODY CERTIFICATE ) Date : 23-04-2021 This petition was called on for hearing today. CORAM : HON'BLE MS. JUSTICE INDIRA BANERJEE HON'BLE MR. JUSTICE KRISHNA MURARI For Petitioner(s) Mr. Gaurav Agrawal, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R The I.A. No. 55499 of 2021 filed for exemption from filing the certified copy of the impugned judgment and I.A. No. 55498 of 2021 filed for exemption from filing custody certificate, are allowed. Issue notice returnable by 03-05-2021. Dasti, in addition, is permitted. Service be effected on the Standing Counsel appearing on behalf of the CBI/Union of India. (JAGDISH KUMAR) (MATHEW ABRAHAM) COURT MASTER (SH) COURT MASTER (NSH)