NEERA YADAV Vs. STATE

JUDGEMENT

(1.) Appellant Smt. Neera Yadav, the then chairman and CCEO, of NOIDA, has been convicted in Special Trial No. 21 of 2002, C.B.I. versus(1) Neera Yadav (2) Ashok Chaturvedi, by Special Judge, Anti Corruption, Ghaziabad, relating to PS C.B.I/A.C.U (seven), New Delhi concerning RC No. 3A/98, under Sections 13(1) (d) read with Section 13(2) of The Prevention of Corruption Act, 1988 (herein after referred to as the Act) and 120B, I.P.C. for showing undue favour to the co accused Ashok Chaturvedi by allotting two residential plots being plot Nos. U U2/ 11 (Area 8000 square meters) and plot No. 99/ 51 (area 20000 square meter) to his two industrial units namely M/S Flex India Ltd and M/S Flex Engineering Ltd., from New Okhala Industrial Development Authority, commonly known as NOIDA on a reduced price and by ignoring and forgoing the procedure meant for such allotments and in execution thereof benefited him economically of Rs. 32 lacs and Rs. 80 Lacs and correspondingly caused losses to NOIDA of the said amount. For both the charges she has been sentenced to four years RI with fine of Rs. 25000/- on each of both the counts ,the default sentences for each of it being one year additional imprisonment. Both the sentences have been ordered to run concurrently by the trial judge. Appellant has challenged her conviction and sentences by preferring instant appeal and has prayed for release on bail during pendency of her appeal in this Court. Her appeal has been admitted and her bail prayer Under Section 389 Code of Criminal Procedure is being considered herein below.

(2.) Sri S.K. Yadav, learned Counsel for the Appellant Smt. Neera Yadav was heard in support of her bail prayer and Sri N.I. Jafri, learned Counsel for C.B.I. along with Bharat Singh, investigating Officer for C.B.I. were heard in opposition thereof and impugned judgment of conviction and sentence under challenge was perused and the order was reserved, which is now being delivered here under.

(3.) In order to bring home the charge C.B.I. examined in all eleven prosecution witnesses-PW1 D.P. Khatri, PW2 Dr. Arun Veer Singh, PW3 Suresh Chand Pakreja, PW4 Satish Juyal, PW5 Ashok Kumar Tripathi, PW6 Prabhat Kumar, PW7 B.K. Joshi, PW8 A.S. Kumar, PW9 G.C. Tiwari, PW10 Bharat Singh, inspector, CBI and PW11 Rishi Prakash, S.P. ,C.B.I. besides relying upon documentary evidences.