SHYAMPRAKASH AVANISHKUMAR MISHRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application has been filed by the applicant original accused under sec. 389 of Cr.P.C. for suspension of the order of conviction on the grounds set out in detail in the Memo of Application.

(2.) The applicant-accused has been convicted in Special (ACB) Case No. 7/2006 by the learned Special Judge (ACB), Kheda at Nadiad vide judgeship and order dated 15.12.2009 for the offences under sec. 7, 13(1)(d) r/w sec. 13(2) of the Prevention of Corruption Act and imposing R.I. for 3 years and fine of Rs. 15,000/-, in default R.I. for 1 year for the offence under sec. 7 and R.I. for 3 years and fine of Rs. 15,000/-, in default R.I. for 1 year for the offence under sec. 13(1)(d) r/w sec. 13(2).

(3.) Learned counsel Mr. Anandjiwala for the applicant original accused referred to the material and evidence in detail and submitted that the learned Addl. Sessions Judge has failed to appreciate the facts in proper perspective. He submitted that the contract was given to the complainant, where he was not carrying out the work satisfactorily and, therefore, the accused as the officer of the department had warned him. Learned counsel Mr. Anandjiwala submitted that the applicant is the highest officer of BSNL who had insisted for proper compliance and execution of the contract from the contractor, I.e., the complainant and therefore he is falsely implicated.