DHANESHWAR KUMBHAKAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Appellant has filed this application under section 389(1) and (2) of the Code of Criminal Procedure praying for suspending the order of conviction during the pendency of appeal.

(2.) The appellant was apprehended by the CBI Officers in a trap, demanding and accepting illegal gratification amounting to Rs. 200/-. He has been found guilty and has been convicted for the offence under sections 7 and 13(2) read with section 13(1)(d) of the Prevention of Corruption Act and has been sentenced by the trial Court. The said judgment is challenged in the present appeal. This appeal was admitted and the provisional bail granted to the appellant by the trial Court was confirmed on 20-2-2004.

(3.) The appellant now prays for suspending the order of conviction. It is stated that the appellant, during the pendency of this appeal, had received memorandum issued by the concerned department whereby he was asked to make representation on the major penalty proposed to be imposed on him i.e. the compulsory retirement as he has been convicted in the present case. Pursuant to the said memorandum, the appellant filed his representation stating inter alia that he is innocent and the present appeal is pending in this Court against the judgment of conviction and sentence. It is further stated that the department without properly considering the said representation; vide order dated 17-9-2004 imposed major penalty of compulsory retirement on the appellant with immediate effect.