SAWAI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this appeal, the accused appellant has moved an application under Sec. 389 Cr.P.C. read with Sec. 482 Cr.P.C. with the prayer that the order of conviction dated 15.12.2007 passed by learned Special Judge, (Prevention of Corruption Act) Jaipur in Criminal Case No. 13/2000 against the accused appellant be stayed during the pendency of the appeal. Mr. M.L. Kumawat appearing on behalf of the accused appellant has contended that the appellant has been convicted for the offence under Sec. 7, 13(1)(D) read with Sec. 13(2) of the Prevention of Corruption Act. He lastly submits that the appellant is a Government servant and if sentence of conviction imposed upon him is not suspended, then his services will be suspended.

(2.) The learned Public Prosecution has vehemently opposed it. In support of his contention, he has relied upon a judgment delivered by Hon'ble Apex Court in State of Punjab v/s. Deepak Mattu reported in : 2008 Cri. L.J. 322, the relevant portions of which is reproduced as under: -