SHAILENDRA KUMAR TAMOTIA Vs. REPUBLIC OF INDIA

JUDGEMENT

(1.) The appellant has been convicted by the Special Judge (CBI), Bhubaneswar vide his judgment dated 26-2- 2009 passed in T. R. No. 151 of 1999 under Section 13(2) of the Prevention of Corruption Act, 1988 on reaching a finding that the appellant had failed to explain the property worth Rs. 8,36,674.00. The trial Court found that during the relevant period the Appellant had earned income amounting to Rs. 5,74,881.00, whereas the amount of property found in his possession was determined to be worth Rs. 14,11,555.00 and since the appellant had failed to offer any explanation about the property worth Rs. 8,36,674.00, he was held guilty of possessing disproportionate assets and was sentenced to undergo R. I. for three years and to pay a fine of Rs. 50,000.00 and in default, to undergo R. I. for three months.

(2.) The appellant, has filed Criminal Appeal No. 99 of 2009. along with Misc. Case Nos. 309 and 310 of 2009 for bail as well as stay of realization of fine. By order dated 19-3-2009, orders were passed granting the appellant bail as well as directing stay of realization of fine pending disposal of the Criminal Appeal. The appellant has also filed a petition under Section 389 of the Code of Criminal Procedure for stay of conviction and the same was registered as Misc. Case No. 311 of 2009 and the present order is concerned with the same.

(3.) Sri Gupta, learned counsel for the appellant submitted that the present case is a fit case where order to say of conviction ought to be passed on the following grounds: