MAHIJIBHAI KABHI VASAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned counsel for the applicant and the learned counsel for the respondent. The applicant has been convicted for offence under Section 7 as well as under Section 13(2)r/w Section 13(l)(d) of the Prevention of Corruption Act, 1988. The appeal has been admitted and the applicant has been enlarged on bail.

(2.) The prayer in this application is for suspension/stay of the order of conviction dated 11th December, 2008. The learned counsel for the applicant has taken me through the notes of evidence and the impugned judgment and order. He submitted that the complainant in the present case was blind and in any case he is declared hostile as he stated that he was not knowing the applicant/accused. He pointed out that PW3 has also not supported the applicant. He pointed out that except the order of sanction, there is no other material on record against the applicant. It is submitted that this was a case of no evidence and therefore the impugned order is perverse pointed out that even according to the prosecution case, the bribe amount was recovered from the cabin of the co-accused Mr. Rana and the said co-accused has been discharged.

(3.) It is submitted that on the basis of the impugned judgment and order which is perverse, the applicant will continue to remain out of service and reach the age of superannuation as his present age is 57 years. It is submitted that the appeal is not likely to be heard in near future and therefore, this is a fit case for suspension of order of conviction.