VINOD KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS application has been moved under Section 389 read with Section 482 of the Code of Criminal Procedure by Vinod Kumar, applicant/appellant for staying the order dated 17.8.2005 passed by the Court of learned Sessions Judge, Patiala, vide which he has been convicted under Sections 7, 13(2) of the Prevention of Corruption Act, 1988 (hereinafter to be referred to as the 'Act').

(2.) THE facts in brief giving rise to this application are that there is no allegation of either demanding or accepting of bribe money by the applicant/appellant Vinod Kumar, rather such allegations are against Rashpal Singh, Block Development and Panchayat Officer. The allegations against the applicant are that Rashpal Singh further handed over Rs. 15,000/- to the applicant-Vinod Kumar. The applicant is a Panchayat Secretary in the office of Block Development and Panchayat Officer, Samana, District Patiala. If his conviction is not stayed, he would face dismissal from service and the process for that has already begun. In these circumstances, his conviction may be stayed in the interest of justice.

(3.) MR . Gulshan Sharma, Advocate appearing on behalf of the applicant/appellant has strenuously urged that there are no allegations against the applicant that he had demanded or accepted the bribe money and the only allegation against him is that the bribe money was recovered from him, which in itself is not enough to hold him guilty under Section 7 read with Section 13(2) of the Act and in these premises, his conviction may be stayed. He further contended that if his conviction is not suspended, he would be dismissed from service, with the result, his family will starve and the process for his dismissal has already been set in motion. To fortify this stand, he has sought to place abundant reliance upon the observations made in re : Ranjit Singh v. State of Punjab, 2003(4) Recent Criminal Reports (Criminal) 496, State of Punjab v. Krishan Kumar Bhandari, 2003(4) Recent Criminal Reports (Criminal) 423 and an unreported judgment of this Court, passed in Criminal Misc. No. 101430 of 2007 in Criminal Appeal No. 531-SB of 2001, bearing caption Prem Kumar v. State of Punjab, decided on 31.3.2008.