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2008 Supreme(P&H) 218

HARBANS LAL
Shashi Mohan – Appellant
Versus
C. B. I. – Respondent


Judgment

1. This application has been filed under S. 389 of the Code of Criminal Procedure (for short the Code), seeking suspension of conviction of the applicant/ appellant, inter alia, on the grounds that vide order dated 23rd March, 2007, this Court was pleased to suspend the sentence, during the pendency of the appeal. The applicant/appellant is working as Senior Assistant in Chandigarh Housing Board, Chandigarh and because of judgment of conviction and sentence under Ss. 7 and 13 of the Prevention of Corruption Act, 1988 (for brevity the Act), a show cause notice dated 7th December, 2007 proposing to dismiss him from service has been issued. He is the only bread earner of his family. In these circumstances, the conviction passed against the appellant may be stated in the interest of justice, equity and fair play.

2. Notice of this application was issued to the CBI.

3. I have heard the learned counsel for the parties.

4. Mr. J. V. Yadav, Advocate appearing on behalf of the applicant/appellant urged with great eloquence that in the background of the reasons embodied in this application, the conviction is liable to be stayed.

5. To tide over this submission, Mr. Rajan Gupta, Advoc








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