JUDGMENT

S.B. SINHA, J. — Leave granted.

2. Respondent is a public servant. He was proceeded against in a case under Prevention of Corruption Act. He was sentenced to one and a half years (18 months) rigorous imprisonment. A fine of Rs. 1,000/- (Rupees One Thousand Only) was also imposed upon him by Special Judge, Fatehgarh Sahib, Punjab. He preferred an appeal thereagainst marked as Criminal Appeal No. 1022-SB/04. In the said appeal, an application was filed by the respondent for suspending of conviction purported to be under Section 389 of the Code of Criminal Procedure, 1973. By reason of the Order dated 11.1.2005, learned Judge of the Special Court allowed the said application holding;

“I have heard Ld. Counsel for the applicant-appellant Deepak Mattu and Deputy Advocate General, Punjab appearing for the respondent on an application moved under Section 389 Cr.P.C. for suspension of conviction recorded under Sections 7 and 13(2) of the Prevention of Corruption Act. The sentence of the appellant has already been suspended. He is working as Junior Engineer in Punjab State Electricity Board. It is argued that if his conviction is not suspended, he may have to face dismissal from se