STATE OF PUNJAB Vs. DEEPAK MATTU

JUDGEMENT

(1.) Leave granted.

(2.) Respondent is a public servant. He was proceeded against in a case under Prevention of Corruption Act. He was sentenced to one and a half years (18 months) rigorous imprisonment. A fine of Rs. 1,000/- (Rupees One Thousand Only) was also imposed upon him by Special Judge, Fatehgarh Sahib, Punjab. He preferred an appeal thereagainst marked as Criminal Appeal No. 1022-SB/04. In the said appeal, an application was filed by the respondent for suspending of conviction purported to be under Section 389 of the Code of Criminal Procedure, 1973. By reason of the Order dated 11.1.2005, learned Judge of the Special Court allowed the said application holding;

(3.) An application was filed by the appellant herein for vacation of stay of conviction granted to him by reason of the said order with a prayer to recall the same, whereby the Court's attention was drawn to a judgment of this Court in K. C. Sareen Vs. C.B.I., Chandigarh [(2001) 6 SCC 584]. By reason of the impugned judgment while the Court accepted that an order suspending the conviction could be allowed only in a very exceptional case, dismissed the application of stay holding;