Criminal Procedure Code, 1973
Section 389—Application for suspension of sentence—Appellants convicted under Sections 120B, 420, 468 & 471 of IPC and Sections 13(1)(d) & 13(2) of the Prevention of Corruption Act—Submission that the trial court after recording the conviction of appellants have suspended the jail sentence—Merely because the trial court has suspended the sentence would not mean that the High Court cannot consider the bail application or is under obligation to grant stay on the sentence awarded by the Trial Court—No case made out for suspension of sentence—Applications rejected.
[Para 12]
Prevention of Corruption Act, 1988
Sections 13(1)(d) & 13(2) and Sections 120B, 420, 468 & 471 of Indian Penal Code—Illegally withdrawal of amount by forest officers without performing any work—Applications for suspension of sentence and grant of bail—Corruption is spreading like a cancer in the civilized society—Temporary embezzlement is also an offence—Submission that the trial court after recording the conviction of appellants have suspended the jail sentence and entire defalcated was deposited with the Department and no financial loss was caused to the State—It is not a case of voluntary deposit of the amount by the appellants—In fact after a complaint was made, an in-house enquiry was conducted and only after it was found that appellants were guilty, the amount was deposited or the partial work was carried out—Merely because the Department has a right to recover the defalcated amount, would not absolve the appellants from their criminal liability—Merely because the trial court has suspended the sentence would not mean that the High Court cannot consider the bail application or is under obligation to grant stay on the sentence awarded by the Trial Court—No case made out for suspension of sentence—Applications rejected. [Criminal Procedure Code, 1973, Section 389]
[Paras 5 to 10 & 12]
Decision : Applications rejected