Judgment

Dr. Arijit Pasayat, J. —

1.Leave granted.

2.Challenge in this appeal is to the Order passed by a learned Single Judge of the Punjab and Haryana High Court directing that the conviction of the respondent shall remained stayed during the pendency of Criminal Appeal No. 1498- SB of 2002.

3.Background facts in a nutshell are as follows :

4.Respondent who was working as Patwari Halqa and was convicted by learned Special Judge, Nawanshahr, Punjab for offences punishable under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (in short ‘P.C. Act’) and sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.2000/- with default stipulation. Against the Judgment in question respondent filed the aforesaid Criminal appeal which was admitted. After admission of the appeal, respondent filed an application in terms of Section 389(1) of the Code of Criminal Procedure, 1973 (in short the ‘Code’) read with Section 482 of the Code for suspension of the Judgment of learned Special Judge.

5.The High Court by Order dated 27.1.2005 stayed the conviction. According to the appellant, the view expressed by this Court in K.C. S