Judgment

N. SANTOSH HEGDE, J.

( 1 ) HEARD learned counsel for the parties.

( 2 ) LEAVE granted.

( 3 ) BY the impugned judgment the High Court while entertaining a criminal appeal against an order of conviction recorded by the special Court against the respondents herein for an offence under section 7 of the Prevention of Corruption Act, (the Act) not only stayed the sentence imposed by the trial court but also proceeded to stay the conviction which could facilitate the respondent public servant to continue to hold the civil post in spite of conviction recorded against him. While doing so the High Court rejected the objection of the State as also distinguished the judgment of this Court in K. C. Sareen v. CBI, Chandigarh, 2001 (6) scc 584 : 2001 (3) RCR (Crl.) 718 (SC ).

( 4 ) HAVING perused the impugned order as also the judgment of this court in K. C. Sareen (supra), we find the High Court had no room for distinguishing the law laid down by this Court in K. C. Sareens case (supra) even on facts. This Court in the said case held :-"the legal position, therefore, is this : though the power to suspend an order of conviction, apart from the order of sentence, is not alien to Section 38