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| HC suspends sentence, grants bail to convicted vet doctor, driver | | | Early Times Report
JAMMU, Mar 9: Justice Rashid Ali Dar suspended sentence and granted bail to Dr. Manohar Lal a Veterinary doctor and Jaswant Lal his driver who were convicted by Additional Sessions Judge Anti Corruption Jammu on 1-3-2019 for two years imprisonment.
This significant order suspending the sentence of the Vet Doctor who was then Jammu Muncipal Corporation's Veterinary Officer was alleged to have accepted a bribe of Rs 2000 from some butcher. The trial Court had convicted both the Muncipal Veterinary Officer and his then driver but the High Court after hearing the counsel for the appellants- A K Sawhney advocate suspended the sentence and granted bail to the appellants.
Advocate Sawhney urged before the High Court that the judgment passed is perverse and passed with non-application of mind. In the judgment date of occurrence is shown 3-9-2010 while as alleged occurrence is of 3-9-2011. He submitted there was neither demand nor acceptance of bribe mere recovery of money is no offence in this context he cited supreme Court Judgment .
He also referred to the statements of witnesses which were totally contradictory and the so called trap team had itself not corroborated the evidence and testimonies. Justice Dar after hearing submissions of advocate For appellants and Sanchit Verma, advocate vice Raman Sharma, Deputy AG observed " It is also his submission that in view of the points urged in the memo of appeal, it can be safely deduced that the points raised therein are required to be determined on hearing of the main case and prima facie, the said pleas cannot be termed vexatious and as such his endeavor has been to project as there being no scope for holding the convict guilty of the commission of offence under Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act and Section 161 of the Ranbir Penal Code.
The judge observed that the appellants/applicants shall be released from the custody subject to the condition that they shall furnish bonds in an amount of Rs.1.00 (Rupees one lac) each with two sureties in the like amount to the satisfaction of the Registrar Judicial of this Court. |
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