D.G.R.PATNAIK, J. - (1.) I.A. No. 1010 of 2008 has been filed by the appellant with a prayer for stay of the order of conviction dated 20.12.2007, passed by the learned Special Judge, CBI, Ranchi.
(2.) THE petitioner/appellant was convicted for the offence under Sections 7 and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act and sentenced to imprisonment. The trial Court, while convicting the appellant had granted him provisional ball, which after admission of the present appeal for hearing, was confirmed till the disposal of this appeal by an order of this Court. The petitioner/appellant has now come up with a prayer for staying the order of his conviction on the ground that he has been served with a show cause notice by his superior in office, namely, the Deputy General Manager (P and IR). Central Coal Fields Ltd., Ranchi, on the basis of the judgment of conviction, as to why he should not be dismissed from service.
(3.) MR . Anil Kumar Sinha, learned senior counsel for the appellant submits that the conviction of the appellant for the aforesaid offences is totally misconceived and it is against the weight of evidence on record and the appellant has got good grounds and is confident of succeeding in this appeal and of securing his acquittal from the charges. Learned Counsel adds that since the hearing of the appeal is not likely to be taken up in the near future, the appellant is likely to suffer irreparable loss on account of the possibility of his being dismissed from service on account of the judgment of conviction. It is further submitted that the urgency of the prayer for stay of the order of conviction is on ac -count of the fact that the entire members of the appellant's family are dependant upon his earnings and in the event of his dismissal from service, the entire family will be made to suffer. Learned counsel adds further that since this Appellate Court is an extension of the trial Court and since this Court is vested with powers of staying the execution of the conviction also, the discretion may be exercised in favour of the petitioner for staying of the Judgment of conviction. In support of his contention while learned Counsel placing reliance on the judgment of the Supreme Court in the case of Lalsai Khunte v. Nirmal Sinha and Ors. reported in (2007) 9 SCC 330 and the judgment in the case of Navjot Singh Sidhu v. State of Punjab and Anr. reported in : 2007CriLJ1427 , reiterates that the circumstances as sated by the petitioner would amply demonstrate that in the event of the appellant's dismissal on account of the Judgment of conviction, the appellant and his family members would be subjected to serious adverse consequences.;