INDIRA KAPOOR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) 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 dtd. 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 dtd. 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.