Point of Law: Public Servant - Illegal gratification – Suspension of sentence - Power to suspend an order of conviction, apart from order of sentence, is not alien to Section 389(1) of Code, its exercise should be limited to very exceptional cases - Suspension of order of conviction against her cannot be allowed.

ORDER :

The petitioner was the second accused in the case C.C.No.10/2014 on the file of the Court of the Special Judge (SPE/CBI)-III, Ernakulam.

2. The trial court convicted the petitioner for the offence punishable under Section 8 of the Prevention of Corruption Act, 1988 (for short 'the PC Act') and also under Section 120B of the Indian Penal Code read with Section 8 of the PC Act.

3. The petitioner has filed the appeal (Crl.A.No.309/2018) challenging the order of conviction entered against and the sentence imposed on her by the trial court. The sentence imposed on her by the trial court was suspended by this Court as per the order dated 02.03.2018.

4. The present application is filed by the petitioner under Section 482 of the Code of Criminal Procedure, 1973 (for short 'the Code') for suspension of the order of conviction passed against her by the trial court.

5. The petitioner was a person employed as Airline Attendant in the Air India Express. The prosecution case is that, she entered into a criminal conspiracy with the first and the third accused for collecting illegal gratification from candidates for appointment to the post of Airline Attendant and pursuant to such conspiracy, money was collected from such candidates by the first and the third accused. It is also alleged that the petitioner obtained an amount of Rs.6,50,000/- out of the illegal gratification received by the first and the third accused.

6. Heard learned counsel for the petitioner and the learned Central Government Standing Counsel who appeared for the C.B.I.

7. Section 389(1) of the Code deals with powers of the appellate court regarding suspension of execution of the sentence of order appealed against. There can be no dispute with regard to the fact that, in exceptional circumstances, the appellate court has power to suspend the order of conviction passed against an accused.

8. If the High Court feels satisfied, in a fit case, that the order of conviction needs to be suspended or stayed so that the convicted person does not suffer from a certain disqualification provided for in any other statute, it may exercise the power because otherwise the damage done cannot be undone (See Rama Narang v. Ramesh Narang : (1995) 2 SCC 513). Such power should be exercised only in exceptional and rare circumstances where failure to stay the conviction would lead to injustice and irreversible consequences (See Ravi Kant S. Patil v. Sarvabhouma S. Bagali : (2007) 1 SCC 673).

9. While considering the question of suspension of sentence, the moral conduct of the accused is also relevant (See State of Tamil Nadu v. A. Jaganathan : AIR 1996 SC 2449).

10. The petitioner has prayed for suspension of the order of conviction passed against her by the trial court mainly on the following ground stated in this application, which reads as follows:

“The petitioner is getting many job offers in the flying field since she has vast experience in that field. Unless and until the conviction is suspended, she may not be able to get any employment. Due to the pandemic situation she is finding it difficult to look after her family.”

11. Learned counsel for the petitioner submitted that the petitioner has lost her job on account of the conviction entered against her by the trial court and she could not also now get any other employment for that reason. It is submitted that the petitioner has got no means of livelihood now.

12. In K.C.Sareen v. C.B.I : AIR 2001 SC 3320, the question arose whether conviction against a public servant for an offence under the PC Act can be stayed or suspended on the ground that the conviction would adversely affect the career prospects of the convicted person. The Apex Court summarized the legal position on this point as follows:

“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 389(1) of the Code, its exercise should be limited to very exceptional cases. Merely because the