SUDHIR KUMAR JAIN Vs. STATE OF DELHI

JUDGEMENT

(1.) This application for suspension of sentence has been made on behalf of the appellant, who was convicted by the Trial Court under Section 7 and 13(2) of the Prevention of Corruption Act read with Section 13(1)(d) of the Prevention of Corruption Act. The appellant was working in MTNL, Mayur Vihar Exchange. The complainant had applied for transfer of his telephone installed at his residence to his business premises on 16th July, 1998. Despite his reminders telephone was not transferred. He then went to the Exchange, where he was told by the appellant that he would have to pay Rs.1,000/- as bribe for transfer of telephone. He negotiated and the appellant agreed to Rs.500/- as bribe. Thereafter, the complainant not willing to pay the bribe, reported the matter to Anti Corruption Branch and the appellant was caught red handed by the raiding team after he had accepted the tainted money. The amount of Rs.500/- was recovered from his pocket.

(2.) The appellant has been sentenced by the Trial Court to undergo RI for two and a half years with fine under Section 13(2) and RI for one and half years with find under Section 7 of the Prevention of Corruption Act.

(3.) The learned counsel for the appellant argued that there were discrepancies in the statement of witnesses and the Trial Court believed the witnesses, although, they were not trustworthy. He also submitted that hearing of the appeal will take long time, therefore, the bail should be granted to the appellant.