SHAMBHU SHARAN SINGH Vs. THE STATE

JUDGEMENT

(1.) THIS interlocutory application has been filed for suspension of the order dated 22.12.2014 whereby and whereunder the appellant has been convicted for the offences punishable under Section 120B of the Indian Penal Code and also under Section 7 as well as Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act and has been sentenced to undergo imprisonment for three years for each of the offence and further to pay fine of Rs. 10,00/ - for each of the offence.

(2.) MR . Rai, learned senior counsel further submits that it is true that the appellant has been convicted on a corruption charge, but it can not itself be a complete bar for staying the order of conviction as even in case of conviction on corruption charge, the order of conviction can be stayed but in an exceptional circumstance, which proposition has been laid down by the Hon'ble Supreme Court in a case of State of Maharashtra through CBI, Anti Corruption Branch, Mumbai Vs. Balakrishna Dattatrya Kumbhar [ : (2012) 12 SCC 384].

(3.) MR . K.P. Deo, learned counsel appearing for the CBI submits that since the appellant has been convicted on a corruption charge, the judgment of conviction never warrants to be stayed, in view of the decision rendered in a case of K.C. Sareen v. Central Bureau of Investigation, Chandigarh ( : AIR 2001 SC 3320)