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2001 Supreme(P&H) 735

K.S.GAREWAL
Lachhman Singh – Appellant
Versus
The State(C. B. I. Chandigarh) – Respondent


Judgment

K.S.Garewal, J.

1. This petition has been filed by the appellant seeking stay of his conviction dated May 9, 2000 on the ground that the appellant has a case which is likely to succeed in appeal and conviction and sentence is likely to be set aside. However, it has been pleaded that the appellant has been dismissed from service on June 10, 2000 owing conviction in the present case and his dismissal is a disqualification for future employment as well.

2. The application has been opposed by C.B.I. through reply filed by Superintendent of Police, C.B.I. Chandigarh in which it has been pleaded that the application is misconceived, the appellant has availed the benefit under section 389 Cr.P.C. Since the case involved an offence of moral turpitude, if the conviction of the appellant is stayed the other employees of the bank would be encouraged to commit such crimes.

3. The appellant was tried by the learned Special Judge, C.B.I. Patiala who found that the appellant had accepted the bribe of Rs. 1000/- from Karnail Singh who applied for loan of Rs. 1,00,000/- from Punjab Ex-services Corporation whose case has been recommended for loan of Rs. 90,000/- payable in two instalments. K

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