- (1.)By this common judgment, I intend to dispose of Criminal Appeal No. S-1762 SB of 2005 titled as Anoop Chand versus State of Punjab and CWP No. 14097 of 2009 titled Anoop Chand versus State of Punjab and another as both these cases are out come of one occurrence. In the Civil Writ Petition petitioner prayed for issuance of writ in the nature of mandamus directing the respondents to release the pension and gratuity to the petitioner along with interest from the date of his retirement i.e. 30.4.2006 as the same has not been released because of pendency of the present criminal case. For convenience, facts are being taken from Criminal Appeal No. S 1762 SB of 2005 titled as Anoop Chand versus State of Punjab.
(2.)Challenge in this appeal is the judgment and order dated 16.9.2005 passed by Mrs.Archana Puri, Judge, Special Court, Amritsar, vide which the accused appellant has been convicted under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988 ( hereinafter to be referred to as 'the Act' ), and sentenced to undergo imprisonment and fine as under:- u/s 7 of the Act To undergo rigorous imprisonment for a period of 2 years and to pay a fine of Rs.1000/- and in default of payment of fine to further undergo rigorous imprisonment for one month. u/s 13(2) of the Act To undergo rigorous imprisonment for a period of 2 years and to pay a fine of Rs.1000/- and in default of payment of fine to further undergo rigorous imprisonment for one month.
(3.)Both the sentences were, however, ordered to run concurrently.