BALKISAN LAXMICHAND DIDWANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Mr. Patwardhan, learned Counsel for the applicant and Shri Ezaz Khan, learned Counsel for the respondent.

(2.) THIS is an application for suspension of the order of conviction recorded by the Special Judge on 1-6-2002 in Special Case No. 6/1992, during the pendency of this Criminal Appeal No. 333/2002. The short question that arises for consideration is: whether the order of conviction can be suspended during the pendency of the appeal in view of the powers under section 389 (1)of the Code of Criminal Procedure (hereinafter referred to as "the Code" ).

(3.) BRIEFLY stated facts are as under: the applicant/appellant has been convicted by the Special Judge on 16-2002 for the offences punishable under sections 7, 13 (l) (d) read with section 13 (2) of the Prevention of Corruption Act, 1988, (for short, "the P. C. Act")and sentenced him to undergo R. I. for one year for offence under section 7 of the P. C. Act and to pay fine of Rs. 2,000/-, in default, to undergo R. I. for four months, and further sentenced to undergo R. I. for one year and six months for the offence under section 13 (l) (d) read with 13 (2) of the P. C. Act and to pay fine of Rs. 2. 000/-, in default, to suffer R. I. for four months. The Special judge directed that the substantive sentences shall run concurrently. The appellant takes exception to the impugned order of conviction and sentence and filed the Criminal Appeal No. 333/2002. This appeal has been admitted by this Court and the sentence is also suspended by granting bail to the applicant/appellant by this Court's order dated 19-6-2002.