Honble PATTANAIK, J.–Leave granted.

(2). This appeal is directed against the impugned order of the High Court. - The respondent accused, who has been convicted under section 409 IPC and section 13 of the Prevention of Corruption Act, preferred an appeal to the High Court, which has been entertained. On an application being filed under section 389 of the Code of Civil Procedure, the High Court has suspended the conviction solely on the ground that the non-suspension of conviction may entail removal of the delinquent government servant from service.

(3). Learned Additional Solicitor General appearing for the Union of India contends that the High Court totally erred in exercising its discretionary power under section 389 by suspending the conviction, and in support of the same reliance has been placed in the judgment of K.C. Sareen vs. CBI, Chandigarh (1). The learned counsel for the respondents, on the other hand, contended that the discretion conferred on the High Court under section 389 having been duly exercised, the same need not be interfered with by this, Court in exercise of power under Section 136 of the Constitution. The learned counsel placed reliance on the 3-judge bench dec

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