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2019 DIGILAW 588 (SC)

A. Ashokanand v. State Rep By Its Inspector Of Police

2019-02-11

ASHOK BHUSHAN, K.M.JOSEPH

body2019
ORDER 1. Leave granted. 2. We have heard learned senior counsel for the parties. 3. These appeals have been filed against the order dated 04.01.2019 passed by the High Court in Crl. M.P. Nos. 15303 & 15762 of 2018 in Criminal Appeal No. 724 of 2018 by which the prayer of the appellant to stay the conviction and to stay the operation of the judgment has been refused. 4. The appellant - accused NO.2 was prosecuted along with accused No.1 who was his father and a public servant. The Special Judge by his judgment and order dated 30.10.2018 convicted and sentenced the appellant in following manner: 167. The 2nd accused is sentenced to undergo R.I. for one year u/s 13(1)(e) r/w 13(2) of P.C. Act r/w 109 of the IPC and to pay a fine of Rs.1,00,000/- (Rupees one lakh only) i/d to undergo R.I. for three months. Against this conviction order, the appeal (being Criminal Appeal NO.724/2018) was filed in the High Court. 5. The High Court vide order dated 26.11.2018 suspended the sentence of the appellant. The appellant filed the applications (being Crl. M.P. Nos. 15303 & 15762 of 2018) before the High Court which were dismissed. 6. Learned senior counsel for the appellant contended that the conviction of the appellant is under Section 109 of the IPC, he could not have been convicted under Sections 13(1)(e) r/w 13(2) of the Prevention of Corruption Act. It was further stated by learned senior counsel for the appellant that the High Court in para 15 made following observations: 15. However, considering the submissions made by the learned counsel for the petitioner that since the petitioner is sitting member of Legislative Assembly in Puducherry, after conviction his disqualification will operate automatically. Registry is hereby directed to prepare the typed set of papers and list the matter for final hearing in the last week of February, 2019. 7. Learned senior counsel for the appellant submits that it appears that the submission was made by learned counsel for the appellant before the High Court that after conviction, the disqualification will operate automatically. The above statement is recorded in para 15 of the order whereas he submits that conviction will not result in automatic disqualification. 8. 7. Learned senior counsel for the appellant submits that it appears that the submission was made by learned counsel for the appellant before the High Court that after conviction, the disqualification will operate automatically. The above statement is recorded in para 15 of the order whereas he submits that conviction will not result in automatic disqualification. 8. Learned counsel for the respondent refuted the submission made by learned counsel for the appellant and contended that conviction of the appellant is under Section 13(1)(e) r/w Section 13(2) of the Prevention of Corruption Act read with Section 109 of the IPC which has been mentioned in para 167 of the judgment of the Trial Court. It is further submitted that even before the order was passed by the High Court refusing the prayer for stay of the conviction, the Speaker of the Legislative Assembly has already passed an order on 08.11.2018 declaring the appellant disqualified. 9. Learned counsel for the parties have brought to our notice that the appeal itself has been directed to be listed on 19.02.2019. 10. The appeal being already fixed for hearing before the High Court, we are of the view that the issues which are sought to be raised before us need not be considered at this stage. It is for the High Court to take an appropriate decision in accordance with law. In so far as the submission pertaining to para 15 of the judgment of the High Court is concerned, it does appear that it was on the submission made by learned counsel for the appellant that the appellant being sitting member of the Legislative Assembly after conviction his disqualification will operate automatically. The said statement has been recorded. The High Court was neither called upon nor has expressed any opinion on the said issue. The said issue shall be gone into in appropriate proceedings and all contentions shall remain open for the parties to take at appropriate time. We also make it clear that we are not expressing any opinion on the aforesaid issue. 11. With these observations, the criminal appeals are disposed of.