KULWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IN this application under Section 389 read with Section 482 Code of Criminal Procedure, prayer been made for suspension of sentence as well as 'conviction' imposed upon the applicant -Appellant by the Special Judge, Patiala vide order dated 8.1.2005, whereby after holding him guilty under Section 7 of the Prevention of Corruption Act, 1988, the applicant -Appellant was sentenced to undergo RI for a period of 2 -1/2 years and to pay a fine of Rs. 1,500/ -. Similarly, the application -Appellant was also held guilty of an offence under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 and was sentenced to undergo RI for a period for 2 -1/2 years and to pay a fine of Rs. 1,500/ -, though both the sentences were directed to run concurrently.

(2.) ON February 3, 2005, the appeal against the aforementioned conviction and sentence was admitted and the sentence imposed upon the applicant -Appellant was ordered to be suspended during the pendency of the appeal. Notice to the State of Punjab regarding suspension of 'conviction' was also issued.

(3.) ON the other hand, learned State counsel has opposed the prayer for suspension of 'conviction' on the ground that the applicant -Appellant having been found guilty of offences under the Prevention of Corruption Act, 1988, this Court should not pass any interlocutory order which allows him to continue in service and that too when the power of suspension of 'conviction' under Section 389 Cr.P.C., is required to be exercised sparingly. He has placed reliance upon an order passed by Division Bench of this Court dated 19.8.2004, passed in Crl.M. No. 18348 of 2004 in Crl.A. No. 461 -DB of 1999 (Manga Ram @ Manga v. State of Punjab).