DEOKI NANDAN PRASAD, J. - (1.) . This Interlocutory Application at flag "P" dated 23.1.2003 has been filed under Section 389 of the Code of Criminal Procedure on behalf of the appellant praying therein to stay the operation of the judgment of conviction and order of sentence dated 24.7.2001 passed by Shri Prabhat Kumar Sinha No. II, 1st Additional Judicial Commissioner -cum -Special Judge, CBI, Ranchi in R.C. Case No. 19(A) of 1989 under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988 (the Act).
(2.) ONE Criminal Appeal No. 300 of 2001 has been filed by the appellant against the judgment of conviction and order of sentence, which was admitted by a Bench of this Court, by order dated 8.8.2001. The appellant has already been on bail. It is alleged that one of his relatives, namely, Shri S.N. Singh, retired Lieutenant Colonel applied for telephone connection in August, 1989 who requested him to process for getting of connection. Accordingly, the informant contacted the officer but the work had not progressed. On 14.12.1989 he went to the Telephone Department at about 10.30 a.m., and when he met the appellant/Telephone Inspector and he told him that if he would spend Rs. 1000/ - then he may get the connection only a day after tomorrow. He asked the money to be paid on the following day by 10.30 a.m. On his request that he cannot pay such amount, the appellant agreed at a sum of Rs. 700/ -. On the allegation made by the complainant, a first information report was lodged. There was also a trap made to arrest the appellant with tainted money, which was recovered from his possession as he had received the said amount at the relevant time. The left hand fingers of the appellant were also dipped in a solution and the colour of the solution turned pink establishing the fact that he had received the said money. After completing investigation, charge sheet was submitted against the appellant for the offence under Sections 7 and 13(2) read with Section 13(1)(d) of the Act.
(3.) IT is stated by the appellant that he has been suffering from chronic disease of Chest bronchitis and a certificate has also been granted by the Jharkhand Medical Board who had referred for treatment at C.M.C. Vellore. It is further claimed that the order of conviction is executable by the employer of the appellant and if the order of conviction and sentence is not stayed, during the pendency of this appeal, the employer is going to terminate the service of the appellant and, therefore, the order of conviction and sentence may be stayed.;