ABDULKHADER Vs. STATE OF KERALA

JUDGEMENT

(1.) In this petition filed under S.389 Cr.P.C. the petitioner who is the appellant in the above appeal, seeks an order suspending the conviction and sen-tence passed against the petitioner in C.C. No. 40 of 2002 on the file of the Court of Enquiry Commissioner and Special Judge, Kozhikode pending the above criminal ap-peal.

(2.) As per the impugned judgment dated 17.8.2009, the petitioner who is an anaes-thetist working as Assistant Surgeon, Gov-ernment Taluk Head Quarters,Hospital, Sulthan Bathery has been convicted under Sections 7 and 13(2) read with Section 13(l)(d) of the Prevention of Corruption Act, 1988 and sentenced to rigorous imprisonmerit for two years and six months with a sentence of fine.

(3.) -According to the petitioner, if the con-viction recorded against the petitioner is not suspended pending appeal, he will be re-moved from service forthwith and the seri-ous prejudice which he will suffer cannot be-undone at a later stage.