JUDGMENT :

S. K. SAHOO, J.

1. The appellant/petitioner Sudarsan Sahani who is the Deputy Executive Engineer, Office of EIC, Rural Works, Bhubaneswar has filed this misc. case under section 389 of Cr.P.C. for suspension of his conviction passed by the learned Special Judge (Vigilance), Phulbani in G.R. Case No. 08 of 2013 (v) (T.R. No.08 of 2013) vide impugned judgment and order dated 13.12.2016 in convicting him under section 13(2) read with section 13(1)(d) of the Prevention of Corruption Act, 1988 (hereafter ‘1988 Act’) and sentencing him to undergo rigorous imprisonment for two years and to pay a fine of Rs.2,000/-(rupees two thousand), in default, to undergo further R.I. for one month.

2. The petitioner along with co-accused Saroj Kumar Mishra, Prasanta Kumar Patra and Abakash Padhy were charged under section 13(2) read with section 13(1)(d) of the 1988 Act along with offences punishable under sections 420, 468, 201 and section 120-B of the Indian Penal Code on the accusation of misappropriating government money to the tune of Rs.1,50,000/-(one lakh fifty thousand) in connivance with each other.

The learned Trial Court acquitted the co-accused Abakash Padhy of all the charges. The