MOHINDER PAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present petitioner has been convicted under Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act and under Section 161 of the Indian Penal Code by the Special Judge, Gurdaspur, and has been sentenced to undergo various terms of imprisonment for the above offence. He has also been ordered to pay fine. The learned trial Court released him on bail to enable him to file an appeal. He has filed appeal in this Court. Vide order dated 2.6.1983 this Court extended bail of the appellant on his furnishing fresh bail bond.

(2.) THE appellant has now filed the present for suspension of the operation of the order of conviction on the ground that in the case of order is not suspended, his services are likely to be terminated. The learned counsel for the petitioner has placed reliance upon Section 389 (1) of the Code of Criminal Procedure and has argued that the order of conviction can be suspended. That provision reads as follows : -

(3.) THE learned counsel for the petition has brought to my notice order passed in Civil Misc. No. 5887 of 1976 filed in Criminal Appeal No. 1563 of 1976 and Criminal Misc. No. 2801 of 1983, filed in Criminal Appeal No. 240 S.B. of 1983, in which conviction of the respective appellants was also suspended till the decision of the appeal. It appears that Section 289(1) of the Code of Criminal Procedure was not brought to the notice of their Lordships who passed those orders as there has been no discussion in those orders about that provision. Therefore, it cannot be said that by those orders their lordships decided any question of law.