Court No. - 52 Case :- CRIMINAL APPEAL No. - 6527 of 2009 Petitioner :- K.K. Baranwal Respondent :- Central Bureau Of Investigation Petitioner Counsel :- Shishir Tandon,Sheshadri Trivedi Respondent Counsel :- G.S. Hajela Hon'ble Arvind Kumar Tripathi,J.
This appeal was filed against conviction and sentence under the
Prevention of Corruption Act which was admitted and prayer for
bail was allowed on 5.11.2009. Now the prayer is on behalf of the
appellant who is government employee to suspend the conviction
and sentence of the court below.
Mr. Anurag Khanna, learned counsel for the C.B.I. opposed the
aforesaid prayer on the ground that the applicant has been
convicted and sentenced under the Prevention of Corruption Act,
hence in view of the judgment of the Suprme Court in the case of
K.C. Sareen Vs. C.B.I. Chandigarh 2001(6) Supreme Court Cases
584 the applicant is not entitled for bail.
In the aforesaid judgement, it was held by the Supreme Court that
though the power to suspend an order of conviction, apart from the
order of sentence, is not alien to Section 389(1) of the Code but the
exercise of the power should be limited to very exceptional cases.
Regarding the matter under the Prevention of Corruption Act, it
was observed in para 13 that when conviction was on a corruption
charge against a public servant, the appellate court or the
revisional court should not suspend the order of conviction during
the pendency of the appeal even if the sentence of imprisonment is
suspended.
In view of the aforesaid fact, the prayer of the applicant for
suspension of conviction and sentence is hereby refused.
Order Date :- 09.7.2010
prabhat