MAMCHAND SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE Appellant has been convicted for offence under Section 7 of Prevention of Corruption Act and has been sentenced to one year of rigorous imprisonment and has been imposed with a fine of Rs. 3,000/ - and directed to further undergo a term of three months of simple imprisonment in default thereof. The Appellant has also been convicted for offences under Section 13(1)(d) read with Section 13(2) of the Act and sentenced to two years of rigorous imprisonment and has been imposed with a fine of Rs. 5,000/ - and directed to further undergo a term of five months of simple imprisonment in default thereof, vide judgment dated 28.02.2011 passed by the Special Judge, Court (Prevention of Corruption Act). Aggrieved by the said judgment, the Appellant has filed the present criminal appeal before this Court.

(2.) THIS Court has no hesitation in suspending the sentence of the Appellant as the maximum period of his sentence is two years; it would not be possible for this Court to hear the case within a period of two years.

(3.) HOWEVER , the issue before this Court is whether the conviction should be stayed or not ?