Supreme Court of India · 2012-10-15
State Of Maharashtra Tr.C.B.I vs Balakrishna Dattatrya Kumbhar
- Citation / case number
- AIRONLINE 2012 SC 627
- Court
- Supreme Court of India
- Petitioner
- State Of Maharashtra Tr.C.B.I
- Respondent
- Balakrishna Dattatrya Kumbhar
- Author
- B.S. Chauhan
- Bench
- Fakkir Mohamed Ibrahim Kalifulla, B.S. Chauhan
Judgment text excerpt
The Supreme Court addressed the appeal against the High Court's order suspending the conviction of the respondent under Section 13(2) r/w Section 13(1)(e) of the Prevention of Corruption Act, 1988. The Court held that the High Court's exercise of discretion under Section 389(1) of the Cr.P.C. was inappropriate given the serious nature of the corruption charges against a public servant. The Court emphasized that such suspension should only occur in exceptional circumstances, which were not present in this case, leading to the conclusion that the High Court's order was an abuse of the judicial process.