- (1.) The prayer of the appellant S.K.Agrawal is that pending appeal the execution of the sentence awarded to him be suspended. I have heard learned counsel for the parties on such prayer.
(2.) It has been submitted from the side of the appellant that he has been released on bail in this case by this Court. It has further been submitted that he has been falsely implicated in this case and the judgment of the learned trial Court is studded with so many discrepancies. It has further been contended that there is absolutely no evidence to show that the appellant, in any manner, has by corrupt or illegal means obtained for himself or for any other person any valuable thing or pecuniary advantage or by abusing his position as a public servant obtained for himself or for any other person any valuable thing or any kind of other advantage, and thus his conviction under section 13(1)(d) of Prevention of Corruption Act read with section 13(2) of the same Act is illegal. Learned counsel for the appellant has further argued with vehemence that by no stretch of imagination it can be said that the appellant has committed any criminal misconduct as is held by the learned trial Court because there is absolutely no material on record on this point. It has also been submitted that there is no evidence which may indicate that the appellant has cheated the bank. It has also been submitted that the appellant is confident that his appeal shall be allowed as and when it is finally heard and decided. He is apprehending that his services may be terminated which may cause untold hardship and miseries to him and his family. It has also been submitted that he is the branch manager of a nationalized bank and due to the judgment and order impugned herein he may be thrown out of service.
(3.) The prayer is vehemently opposed by the learned counsel for C.B.I. He pointed out that the appellant has been found guilty under sections 420/120-B IPC and section 13(2) read with 13(1)(d) of Prevention of Corruption Act, 1988 and sentenced to various terms of imprisonment with fine. It has also been submitted that the act of the appellant involves moral turpitude and therefore, relief of suspension of sentence can not be granted to him.;