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2015 Supreme(Jhk) 804

R.R.PRASAD
Shambhu Sharan Singh – Appellant
Versus
State through C. B. I. – Respondent


Advocates:
Advocate Appeared:
For the Appellant:Mr. P.P.N. Rai, Senior Advocate and Mr. Pratyush Kumar, Advocate.
For the CBI:Mr. K.P. Deo, Advocate.

JUDGMENT

R.R. PRASAD, J.

1. This interlocutory application has been filed for suspension of the order dated 22.12.2014 whereby and whereunder the appellant has been convicted for the offences punishable under Section 120B of the Indian Penal Code and also under Section 7 as well as Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act and has been sentenced to undergo imprisonment for three years for each of the offence and further to pay fine of Rs. 10,000/- for each of the offence.

2. Mr. Rai, learned senior counsel appearing for the appellant submits that the appellant was working as Branch Manager under the establishment of Employees State Insurance Corporation (ESIC), Deoghar and was put to trial on the allegation of accepting illegal gratification and was convicted. At the same time, for the said charge, the appellant was also put to departmental proceeding whereby punishment has been imposed of reduction of pay and now a notice has been issued to the appellant to show cause as to why not he be removed from the service and that is the reason for the appellant to file an application under Section 389(1) of Cr. P.C. for suspension of the order of conviction















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