Prevention of Corruption Act,1988  - Section 13 (1) ,  (2)

Suspension of conviction - Appeal against conviction - - Suspension of sentence during pendency of appeal refused - Held - (i) Relief of staying the order of conviction cannot be granted only on the ground that an employee may lose his job - Court must record in writing, its reasons for granting such relief. (ii) Appellate Court in an exceptional case, may put the conviction in abeyance along with the sentence, but such power must be exercise with great circumspection and caution, for the purpose of which, the applicant must satisfy the Court as regards the evil that is likely to befall him. (iii) The instant case was not the case where damage if done, could not be undone as the employee if ultimately succeeds, could claim all consequential benefits.

Found In:  Citation

Prevention of Corruption Act,1988  - Section 13 (1) ,  (2) , The Code of Criminal Procedure, 1973  - Section 389

Conviction in a corruption case - Conviction cannot be stayed in appeal on the ground that employee may lose his job - It is not the case where damage if done, could not be undone as the employee if ultimately succeeds, could claim all consequential benefits.

Found In:  Citation