KUMARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) IN this appeal under S.5 of the Kerala High Court Act, 1958 ( in short the 'Act') challenge is to the order passed by the learned single Judge, vacating the interim order of stay passed earlier.

(2.) BRIEF reference of factual position would suffice. Appellant was convicted by the Special Judge, Trichur in C.C.No. 9 of 1998 in respect of offences relatable to S.7 and 13 (2), read with S.13 (1) (d) of the Prevention of Corruption Act, 1988 (in short the 'P.C. Act') In Crl.A.No. 551 of 1991, an application, (Crl.M.P.No. 3387,) was filed for stay of operation of the judgment and the order convicting the accused. By order dated 13.9.1999, the learned single Judge passed the following order: "In the light of the submission that the petitioner faces a dismissal order, there will be a stay of operation of the judgment of the Trial Court and the order convicting the accused also will stand suspended for a period of six months." An interim order passed in the Original Petition No. 20706 of 1999 on 12.8.1999, was subsequently vacated on 14.10.1999.

(3.) IT is to be noted that in Deputy Director of Collegiate (Admn.) v. S. Nagoor Meera (JT (1995) 3 SC 32), it was observed that the order to be passed by the Government relates to the conduct which has led his conviction on a criminal charge, and is not really relatable to the sentence or punishment awarded. Merely because the sentence is suspended and the accused is released on bail, the conviction does not cease to be operative. S.389 of the Code of Criminal Procedure, 1973 (in short 'the Code') empowers the appellate court to order that pending the appeal the execution of the sentence or order appealed against be suspended and, if he is in confinement, that he be released on bail, or on his own bond. S.389 (1) speaks of suspending the execution of the sentence or order. It does not speak of suspension of conviction. This point was again highlighted by the Apex Court in Union of India v. V.K. Bhaskar (1997) 11 SCC 3S3). In Deputy Director of Collegiate Education (Admn.) v. S. Nagoor Meera (AIR 1995 SC 1364) it was observed by the apex court as follows:--