Actress Jayaprada in ESIC Case|| Supreme Court Grants Interim Bail

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Last week, actress Jayaprada was granted interim bail by the Supreme Court in a case related to the Employees’ State Insurance Corporation (ESIC). The bail was granted after a pending appeal against a Delhi High Court order denying her bail in the case.

New Delhi: Last week (15 March), The Supreme Court temporarily suspended the sentence of renowned cine actress Jayaprada in connection with a case involving failure to fulfill contributions to the Employees State Insurance Corporation (ESIC)

A bench comprising Justice Abhay S. Oka and Justice Ujjal Bhuyan has granted Jayaprada interim bail, while an appeal against her conviction is pending before a session court.

Explaining its decision in an order dated March 15, the bench highlighted that Jayaprada, along with a theater in which she holds a stake, has deposited a sum of Rs. 9,80,000. Given the pending substantive appeals against the conviction orders, the bench deemed it appropriate to suspend Jayaprada’s sentence and grant her bail until the appeals are resolved.

“The appellants (Jayaprada and a theatre in which she has a stake) have deposited a sum of Rs. 9,80,000/-. Considering the fact that substantive appeals against the orders of conviction are pending, the second appellant (Jayaprada) is entitled to relief of suspension of sentence and bail pending the disposal of the appeals”, the bench reasoned in its March 15 order.

Jayaprada was represented by Senior Advocate Sonia Mathur and a team of advocates from Lawfic, including Nachiketa Vajpayee, Praveen Arya, and Divyangna Malik. Advocates Manish Kumar Saran and Ananya Tyagi appeared for the ESIC.

Background

The case involves Jayaprada and her brothers Ramkumar and Raj Babu, who were partners in the Jayapradha Cine Theatre, that went bankrupt 10 years ago.

Allegations by the ESIC suggest that the management of the defunct cinema had been deducting ESI amounts from the dues owed to theater workers but failed to remit these amounts to the State Insurance Corporation.

Last Year in August, a Metropolitan Magistrate Court in Chennai sentenced Jayaprada to six months in prison based on a complaint filed by the ESIC, citing an outstanding amount of Rs 37.68 lakh.

Following the magistrate’s conviction, Jayaprada appealed to the Madras High Court, contesting the trial court’s order. However, her plea for suspension of sentence was denied by the High Court on October 20, 2023. The court ruled that Jayaprada and other accused individuals could seek bail or suspension of sentence from the lower courts only after surrendering and depositing Rs 20 lakhs each.

Subsequently, Jayaprada moved to the Supreme Court for relief. In November, the Supreme Court exempted the actress and former parliamentarian from surrendering before authorities, a provision that has now been extended until the completion of bail formalities within a month.

Under the recent order, Jayaprada’s substantive sentence is suspended during the pendency of the appeals before the Sessions Court, allowing her to be released on bail until the final disposal of the appeals.

The appeals filed by Jayaprada and Jayaprada Cine Theatre have been granted approval.

[CASE TITLE: Jayapradha Cine Theatre vs. Employees State Insurance Corporation].

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Minakshi Bindhani

LL.M( Criminal Law)| BA.LL.B (Hons)

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