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2014 Supreme(SC) 1028

DIPAK MISRA, N.V.RAMANA
Govt. of A. P. – Appellant
Versus
B. Jagjeevan Rao – Respondent


Advocates:
Advocate Appeared:
For Appellant : D. Mahesh Babu, Suchitra Hrangkhawl, Amit K. Nain, T.V. Bhaskar Reddy and G.N. Reddy, Advs.
For Respondents: M. Vijaya Bhaskar, Adv.

JUDGMENT :

Dipak Misra, J.

1. Calling in question the legal propriety of the judgment and order dated 7.8.2007 passed by the Division Bench of the High Court of Judicature, Andhra Pradesh at Hyderabad in W.P. No. 16102/2007 whereby the High Court has overturned the decision rendered by the A.P. State Administrative Tribunal (for short, 'the Tribunal') in O.A. No. 2206/2007 vide order dated 19.04.2007, the present appeal has been preferred by special leave.

2. The facts lies in a narrow compass. The Respondent herein was charge-sheeted for offences punishable Under Section 7 and13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (for short, 'the Act') and eventually after trial was convicted and sentenced to rigorous imprisonment of one year and payment of fine of Rs. 1000/- with a default clause. He assailed the conviction and sentence in Criminal Appeal No. 371/2007 and the High Court vide order dated 29.03.2007 in Crl. A.M.P. No. 497/2007 entertaining an application Under Section 389(1) of the Code of Criminal Procedure, 1973 (for short, 'the Code,') directed suspension of sentence and enlargement of bail on certain conditions. Be it noted, the High Court did


















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