Delhi HC in the case of Jayalakshmi Jaitly Versus Centra Bureau of Investigation

Case Covered:

Jayalakshmi Jaitly

Versus

Centra Bureau of Investigation

Facts of the Case:

Vide the present application, the applicant/appellant seeks suspension of sentence awarded by Trial Court vide judgment and order on sentence dated 21.07.2020 and 30.07.2020, respectively, whereby the applicant has been sentenced to undergo RI for 4 years with a fine of Rs.50,000/- for the offense punishable under Section 120-B IPC and in default of payment of fine, SI for a period of 4 months. She has further been sentenced to undergo RI for 4 years with a fine of Rs.50,000/- for the offense punishable under Section 9 of the Prevention of Corruption Act, 1988 and in default of payment of fine, SI for a period of 4 months. Both the sentences shall run concurrently.

Observations of the Court:

Finally, it is argued that the appellant was neither caught red-handed accepting the money nor the appellant is beneficiary of the money as alleged. Moreover, the appellant was not arrested and faced the trial and continued to appear before the Trial Court as and when directed. In addition, during the present pandemic situation, the appeal is not likely to be heard, anytime soon, therefore, the sentence of the appellant may be suspended during the pendency of the appeal. 

Mr.Chetan Sharma, learned Solicitor General appearing on behalf of the CBI has submitted that it cannot be stated, at this stage, whether she is beneficiary or not, however, that will be taken into consideration at the time of disposal of the appeal.

The Decision of the Court:

Keeping in view the facts recorded above and the fact that the appellant was not arrested in the present case, however, without commenting on the merits of the appeal, I am of the view that the appellant deserves suspension of sentence during the pendency of the appeal. 

Accordingly, the appellant shall be released on bail on her furnishing a personal bond of Rs.50,000/- with two sureties of the like amount to the satisfaction of the Trial Court/Duty Judge. 

The appellant shall ensure her presence at the time of hearing of the appeal.

The application is, accordingly, allowed and disposed of. 

Copy of this order is transmitted to the Jail Superintendent concerned and Trial Court for information and necessary compliance.

The order is uploaded on the website forthwith. A copy of the order be also forwarded to the learned counsel through email. 

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