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Judgment
S.K. Pande, J.—This is an application u/s 389(1), Cr.PC for suspension of order recording conviction of appellant u/s 13(1)(e), 13(2) of the Prevention of Corruption Act, 1988 vide impugned judgment dated 11-8-2004 passed by Special Judge, Damoh in Special Case No. 2/98.
Vide order dated 20-8-2004, execution of sentence of imprisonment vide impugned judgment was suspended. As has been held in Benzamin Khiro alias Kiro, Ananta Sharan Hota, Rajendra Prasad, Udayanath Behera and Hemanta Kumar Patnaik Vs. State of Orissa and Another, , Ramesh Narang Vs. Rama Narang and Others, , expression order appealed against u/s 389 does not include conviction. Conviction of appellant can not be suspended u/s 389 or under any other provisions of Code.
In M. Srinivasulu Reddy Vs. State Inspector of Police, Anti Corruption Bureau, Nellore Range, Nellore, , also it has been held that suspension of conviction pending appeal is not contemplated by provisions of Cr.PC or any Rules or Regulations or other enactment. As such, application seeking suspension of conviction as prayed, fails and is dismissed.