SK.MD.MINHAZUDDIN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) . This Interlocutory Application at flag "P" dated 23.1.2003 has been filed under Section 389 of the Code of Criminal Procedure on behalf of the appellant praying therein to stay the operation of the judgment of conviction and order of sentence dated 24.7.2001 passed by Shri Prabhat Kumar Sinha No. II, 1st Additional Judicial Commissioner -cum -Special Judge, CBI, Ranchi in R.C. Case No. 19(A) of 1989 under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988 (the Act).

(2.) ONE Criminal Appeal No. 300 of 2001 has been filed by the appellant against the judgment of conviction and order of sentence, which was admitted by a Bench of this Court, by order dated 8.8.2001. The appellant has already been on bail.

(3.) IT is stated by the appellant that he has been suffering from chronic disease of Chest bronchitis and a certificate has also been granted by the Jharkhand Medical Board who had referred for treatment at C.M.C. Vellore. It is further claimed that the order of conviction is executable by the employer of the appellant and if the order of conviction and sentence is not stayed, during the pendency of this appeal, the employer is going to terminate the service of the appellant and, therefore, the order of conviction and sentence may be stayed.