Srinagar, Mar 25: The High Court of J&K and Ladakh has suspended the sentence of a former Tehsildar who was awarded one- year jail following his conviction by a trial court here recently in a 2010 bribery case.
A Bench of Justice Rahul Bharti suspended the sentence of the retired revenue official, Muhammad Akram Khan while admitting his appeal against his conviction. Khan through senior advocate Bashir Ahmad Bashir had challenged the trial court’s decision with the contention that the same was “perverse”
The Court of Special Judge Anti-Corruption, Srinagar had convicted Khan under the Ranbir Penal Code (RPC) for accepting a bribe and sentenced him to one year’s simple imprisonment along with a fine of Rs 20,000.
An FIR was registered by the then Vigilance Organization Kashmir, now Anti-Corruption Bureau, in May 2010, following allegations that Khan demanded a bribe of Rs 20,000 in connection with a land dispute. A trap was subsequently laid, and the amount was allegedly recovered from his residence, according to the prosecution. The Bench observed that a prima facie case was made out by the appellant in assailing his conviction under 161 RPC, pointing out “inherent gaps and contradictions” in the testimony of the complainant in the case.
Taking note of the senior counsel’s submissions, the Court admitted the appeal and issued notice to the government for its response to the plea by April 20. The Court suspended the sentence of khan, directing that he be released on bail upon furnishing personal and surety bonds of Rs 1 lakh each.
While the Court directed Khan to remain present on every date of hearing unless exempted and called for the trial court records for further examination, it also sought an explanation from the Superintendent of Central Jail, Srinagar, over alleged procedural lapses in the attestation of the appeal documents. “Before parting with this order, this Court directs the Superintendent, Central Jail Srinagar to explain as to how the signing of the memo of appeal has taken place before the Assistant, Superintendent Central Jail Srinagar, which nowhere bears any seal or stamp or, for that matter, any endorsement that the signing of the memo of appeal by the appellant (Khan), along with the affidavits and Vakalatnama, has taken place in his presence.”
