Point of Law: Section 389 of the Code of Criminal Procedure, 1973, empowers the appellate court, pending an appeal by a convicted person and for reasons to be recorded in writing to order that the execution of a sentence or order appealed against, be suspended.

ORDER :

By way of instant application filed under S.389(1) read with S. 482 CrPC, prayer has been made on behalf of applicant to stay the judgment of conviction and order of sentence dated 7.8.2021 passed by learned Special Judge, Chamba Division Chamba (HP) in Corruption Case No. 7 of 2015, whereby learned Court below, while holding the applicant/appellant guilty of having committed offence punishable under following provisions of law, convicted and sentenced her as under:

2. In terms of order dated 18.10.2022, respondent-State has filed reply in the open court, which is taken on record. Today, during proceedings of the case, a supplementary application to the instant application has been filed on behalf of the applicant, seeking therein permission to place on record additional facts, which may be relevant for the adjudication of the case at hand. No reply is intended to be filed to the same by the respondent-State, as such, same is taken on record and Registry is directed to register the same.

3. Precisely the facts of the case, which may be relevant for the adjudication of the application at hand are that the applicant Indira Kapoor alongwith other accused Roshan Lal, Chikni and Radha Devi came to be booked and tried for commission of offence punishable under S. 420, 467, 468, 471 and 120-B IPC and S. 13(2) of the Prevention of Corruption Act on the allegations that accused No.1 Mohan Singh, who at the relevant time was BDC Member of Panchayat Samiti Mehla alongwith applicant Indira Kapoor, who was Zila Parishad Member of Ward Sach and Roshan Lal, Gram Panchayat Bharian Kothi, Tehsil and District Chamba, misappropriated and embezzled various funds provided by the Government for carrying out different public works in their respective areas.

4. Precisely the allegations against the applicant and other accused are that they in connivance with each other and labourers made wrong/false entries in muster roll with the intention to misappropriate the Government money. Matter came to light when complaint Ext. PW-16/A in CC No. 6/2015 was filed by Bhagat Ram PW-4, who alleged that when he obtained information under Right to Information Act, 2005 pertaining to Mehla Block for years 2007, 2008, 2010, 2011, it was revealed that 10-12 labour were shown marked at two different works on same date and time by applicant as well as other accused namely Mohan Singh and Roshan Lal and they had been paid wages by Roshan Lal in the capacity of Pradhan, Mohan Lal being BDC Member and applicant being Zila Parishad member. Complainant also alleged that during the period with effect from 1.4.2009 to 15.4.2009, 16.4.2009 to 30.4.2009, 5.8.2009 to 15.8.2009 and 16.8.2009 to 31.8.2009, accused Mohan Singh being BDC member cheated Block Development Officer Mehrla by dishonestly inducing him to make wrong payment of Rs. 10,150-/- on the basis of false entries made in muster roll in the names of Nain Sukh son of Mangta, Roshan Lal son of Chanan, Nain Sukh son of Haria and Rajender Singh son of Jalam Singh. Complainant also alleged that during 1.3.2010 to 15.3.2010, applicant accused Inidra Kapoor being Zila Parishad Member Ward Sach also cheated the Block Development Officer Mehla by dishonestly inducing him to make wrong payment of Rs. 3300/- on the basis of false entries made in muster roll in names of Raj Kumar