SUCHA SINGH LANGAH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order will dispose of an application under Sec. 389 Crimial P.C. praying for suspension of conviction imposed upon the applicant-appellant in appeal which stands admitted before this Court against the judgment of conviction dated Feb. 11, 2015, convicting the appellant under Sec. 13(1) (e) read with Sec. 13(2) of the Prevention of Corruption Act, 1988 and Sections 467 and 468 Penal Code to undergo RI for 3 years along with fine in the separate charge under the above said Sections, claiming that the appellant had been a former Cabinet Minister of the State of Punjab and now he has been given a ticket by the Siromani Akali Dal for 2017 Assembly Election by fielding him from Dera Baba Nanak constituency in Gurdaspur. It is averred in the application that conviction would be an impediment for the appellant and he would not be able to contest the election if the conviction is not stayed by this Court and the appellant would suffer an irreparable loss. In support of the application, a news item in vernacular has been appended showing the list of Siromani Akali Dal candidates for different constituencies.

(2.) While admitting the appeal on March 4, 2015, the sentence of the appellant was suspended vide order dated March 9, 2016. On March 4, 2015, an order was passed for hearing of the appeal within a period of 3 months with liberty to the counsel for the applicant- appellant to submit synopsis and brief written arguments in addition to oral submissions. Lower Court record had also been requisitioned.

(3.) When the application was taken up on Dec. 12, 2016, counsel who had filed the appeal had sought permission to withdraw from the appeal. A notice was issued to the appellant who accepted the notice in the Court on the same day and another counsel Mr. Vivek K. Thakur who had filed power of attorney was permitted to represent the applicant. On Dec. 17, 2016, notice of the application was given to Advocate General, Punjab. As per the directions dated March 9, 2015, the record was requisitioned with an objective to take up the appeal on merits. On receipt of record, the appeal was also taken up.