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2008 Supreme(P&H) 1170

HARBANS LAL
Vinod Kumar – Appellant
Versus
State Of Punjab – Respondent


Judgment

Harbans Lal, J.

1. This application has been moved under Section 389 read with Section 482 of the Code of Criminal Procedure by Vinod Kumar, applicant/appellant for staying the order dated 17.8.2005 passed by the Court of learned Sessions Judge, Patiala, vide which he has been convicted under Sections 7, 13(2) of the Prevention of Corruption Act, 1988 (hereinafter to be referred to as the `Act).

2. The facts in brief giving rise to this application are that there is no allegation of either demanding or accepting of bribe money by the applicant/appellant Vinod Kumar, rather such allegations are against Rashpal Singh, Block Development and Panchayat Officer. The allegations against the applicant are that Rashpal Singh further handed over Rs. 15,000/- to the applicant-Vinod Kumar. The applicant is a Panchayat Secretary in the office of Block Development and Panchayat Officer, Samana, District Patiala. If his conviction is not stayed, he would face dismissal from service and the process for that has already begun. In these circumstances, his conviction may be stayed in the interest of justice.

3. I have heard the learned counsel for the parties besides perusing the record with







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