MD DILAWAR MIR Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) CRL.A. 1535/2014

(2.) These applications seek stay of the impugned judgment on conviction dated 27.09.2014; as well as the impugned order on sentence dated 01.11.2014 qua the appellant-Md Dilawar Mir, passed by the Special Judge, CBI, in CC No. 71/11, by which the appellant has been convicted under Section 120B IPC and with Section 13(1)(d)(ii) read with Section 13(2) of the Prevention of Corruption Act, 1988; and sentenced to three years rigorous imprisonment with a fine of Rs. 2 Lakhs and Rs.3.19 crores towards compensation; all of which is to be deposited within six weeks. Admittedly, the appellant has been on bail throughout and has spent no time in judicial custody either during the period of investigation or during trial. Further, pursuant to his application under Section 389(3) CrPC, the trial court suspended his sentence of imprisonment and admitted him to bail till 02.01.2015, to enable him to prefer an appeal. Also, no part of the aforesaid amount of Rs.3.21 crores has been deposited by the appellant till now.

(3.) In addition to suspension of execution of his sentence, the appellant also seeks suspension of his conviction, primarily on the ground that he wants to contest the recently announced elections to Jammu and Kashmir Legislature. He claims to have been elected six times in the past to that Assembly, the last time being in the year 2008. However, at present, he is not a sitting member of the Jammu & Kashmir Legislature; nor did he hold such office at the time when the contract in question was awarded to him to oversee and forward fertilizers on behalf of National Fertilizers Ltd. (NFL), and the offence was committed.