P.C.MISHRA Vs. CBI

JUDGEMENT

(1.) THE appellant/ applicant before this Court was convicted under Section 7 & 13 (1) (d) read with Section 13(2) of Prevention of Corruption Act, 1988 (hereinafter referred to as "the Act") and was sentenced to undergo RI for two (2) years each on each count and was also sentenced to pay fine of Rs.10,000/ - each or to undergo SI for two (2) months each in default. The sentence awarded to the appellant has been suspended vide order dated 23.9.2010. Now this application has been filed by him seeking suspension of the conviction, primarily on the ground that the after retiring from service on 30.6.2010, he has not been able to join any employment due to his conviction though he is a senior citizen having a wife and a divorcee daughter besides aged parents, to be maintained by him.

(2.) THE application has been opposed by the respondent ­ CBI stating therein that the appellant/ applicant was working as Assistant Commissioner, Sales Tax, when he demanded a sum of Rs.4,000/ - as bribe from the complainant for passing an order in his favour was caught red -handed, having accepted the said bribe. The respondent in its reply placed reliance upon the decision of the Apex Court in K.C. Sareen versus CBI, Chandigarh [(2001) 6 SCC 584]; State of Maharashtra versus Gajanan and another [(2003) 12 SCC 432] and Central Bureau of Investigation, New Delhi versus M.N. Sharma [(2008) 8 SCC 549] holding therein that the Appellate Court should not suspend the order of conviction during pendency of appeal, in a case of conviction on corruption charges.

(3.) IN Deputy Director of Collegiate Education versus S. Nagoor Meera [(1995) 2 SCR 308], the Apex Court, inter alia, observed as under: