S.K. GARG Vs. C.B.I.

JUDGEMENT

(1.) HAVING heard the learned counsel for the appellant Mr. T.A. Khan on the modification application No. 810/2014, it is apparent that he wants the order of conviction to be kept in abeyance.

(2.) HEARD on the modification application, whereby the suspension of the conviction is being sought from this Court by way of exercising the powers under Section 482 Cr.P.C. read with Section 389(1) Cr.P.C. The appellant/applicant Mr. S.K. Garg was convicted by the learned Additional District Judge/Special Judge, Anti -Corruption (C.B.I) on dated 12.11.2013 under the Anti -Corruption Act. He was awarded one -year rigorous imprisonment nay the fine of Rs. 10,000/ - for the offence of Section 13(2) inter alia other provisions of the Act. He was also found guilty for the offence under Section 420 of IPC and again one year rigorous imprisonment nay the fine of Rs. 10,000/ -. He was granted interim bail up to filing of the appeal under Section 389(3) Cr.P.C. by the learned Trial Judge. And the bail was granted by this Court during the pendency of the appeal but only his sentence was kept in abeyance not 'conviction'.

(3.) IN the instant case, I do not feel any fitness or the vast interest of the society at large to keep the conviction in abeyance and also feel rather the interest of the society is other way round. If the conviction of the appellant will be kept in abeyance in such ante -corruption case, then an official/officer of a premier company like Oil and Natural Gas Corporation (O.N.G.C.) will not get a sound signal from the judicial system.