STATE OF MAHARASHTRA Vs. GAJANAN

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Leave granted.

(3.) By the impugned judgment the High Court while entertaining a criminal appeal against an order of conviction recorded by the Special Court against the respondents herein for an offence under Section 7 of the Prevention of Corruption Act (the Act), not only stayed the sentence imposed by the trial Court but also proceeded to stay the conviction which could facilitate the respondent-public servant to continue to hold the civil post in spite of the conviction recorded civil post in spite of the conviction recorded against him. While doing so the High Court rejected the objection of the State as also distinguished the judgment of this Court in K. C. Sareen v. CBI, Chandigarh (2001 (6) SCC 584) on facts.