Arijit Pasayat, C.J.

1. In this appeal under S.5 of the Kerala High Court Act, 1958 ( in short the 'Act') challenge is to the order passed by the learned single Judge, vacating the interim order of stay passed earlier.

2. Brief reference of factual position would suffice. Appellant was convicted by the Special Judge, Trichur in C.C.No. 9 of 1998 in respect of offences relatable to S.7 and 13 (2), read with S.13 (1) (d) of the Prevention of Corruption Act, 1988 (in short the 'P.C. Act') In Crl.A.No. 551 of 1991, an application, (Crl.M.P.No. 3387,) was filed for stay of operation of the judgment and the order convicting the accused. By order dated 13.9.1999, the learned single Judge passed the following order:

"In the light of the submission that the petitioner faces a dismissal order, there will be a stay of operation of the judgment of the trial court and the order convicting the accused also will stand suspended for a period of six months."

An interim order passed in the Original Petition No. 20706 of 1999 on 12.8.1999, was subsequently vacated on 14.10.1999.

3. According to learned counsel for the appellant, since there has been stay of operation of the judgement of the trial