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Issues: Whether conviction under the Prevention of Corruption Act could be suspended under Section 389(1) of the Code of Criminal Procedure, 1973 merely to prevent the respondent's dismissal from service.
Analysis: The power to stay or suspend a conviction is extraordinary and is to be exercised sparingly in rare and exceptional cases. The applicant seeking such relief must specifically demonstrate the consequences that would follow if the conviction remains operative, and the appellate court must record reasons in writing. In cases of corruption involving public servants, mere likelihood of removal from service is not, by itself, a sufficient ground to suspend the conviction, as public interest, institutional integrity, and the confidence of the public in administration are materially affected.
Conclusion: The suspension of conviction was not warranted and was set aside.
Ratio Decidendi: Stay of conviction under Section 389(1) of the Code of Criminal Procedure, 1973 is an exception, to be granted only in rare and exceptional cases on demonstrated irreversible prejudice, and not merely to avert service consequences in corruption cases.