SURESH CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties. Brief relevant facts for the disposal of this application are that the accused applicant by judgment and order dated 29-2-1996 was convicted for the offence under Sections 7 and 13(1) (d) read with Section 13(2) of the Prevention of Corruption Act, 1988 in Sessions Case No. 15/93 by Special Judge, Anti Corruption Cases, Bharatpur and sentenced to undergo rigorous imprisonment for six months and a fine of Rs. 200/- for the offence under Section 7 of the Act and rigorous imprisonment for one year and a fine of Rs. 200/- for the offence under Section 13(1)(d) read with Section 13(2) of the Act. Against the judgment and order dated 29-2-1996, the applicant filed SB Criminal Appeal No. 182/1996 before this Court and the sentence passed by the learned Court below was suspended by this Court vide order dated 22-3-1996 in SB Criminal Misc. Application for Suspension of Sentence No. 199/1996. In this case the applicant has been found guilty of accepting gratification of Rs. 200/-while discharging his duties as a Junior Engineer in Panchayat Samiti, Sawai Madhopur.

(2.) This application for stay of conviction has been filed on the premise that vide order dated 21-5-1993 the applicant was put under suspension by the reason that when he was on duty, caught red handed for taking gratification and after a period of 18 years he has been removed from service under Rule 19 of Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 on the premise that he has been convicted and sentenced vide order dated 29-2-1996.

(3.) The learned counsel for the applicant has submitted that even in corruption cases also the Appellate Court in a suitable case may stay the operation of order of conviction. He has further submitted that during suspension period the applicant was getting subsistence allowance, but after the order of removal from service there is no source of earning/income available to the applicant so as to maintain himself and his family members. It was also submitted that order of conviction can also be stayed even after an order of removal from service is passed by the department concerned. In support of his submissions, the learned counsel for the applicant has relied upon the cases of Jagdish Kishore v. State of Rajasthan, 1982 WLN(UC) 14, Dr. Trilochan Singh v. State of Rajasthan,1983 RLR 77, Om Prakash v. RSRTC, Jaipur, 1983 RajLW 77, Jamaludin v. State of Rajasthan & Anr.,1983 RLR 407, Pravinkumar Paraskumar Gokhroo v. State of Gujarat & Anr., 2010 CrLJ 477 and Laxman Lal & Anr. v. State of Rajasthan & Anr., 2006 1 RajLW 121.