1 (cri. Appln 875 of 2010 in cri appeal 403 of 2010) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.875 OF 2010 IN CRIMINAL APPEAL NO.403 OF 2010 Sopan Tukaram Marakwad ...Applicant Vs. The State of Maharashtra ...Respondent ----- Mr.Rajeshwar Panchal for Applicant Mr.A.S.Shitole -APP for State ----- CORAM: V.M. KANADE J. DATED: 15TH NOVEMBER, 2010 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicant and the learned APP for the State. 2. By this application, the Applicant is seeking an order from this Court for granting stay to the order of conviction passed by the Learned Special Judge in ACB Special Case No. 24 of 2006. 3. The learned counsel for the Applicant submitted that he has a good case on merits and that demand has 2 (cri. Appln 875 of 2010 in cri appeal 403 of 2010) not been proved by the prosecution. 4. The learned APP for the State, on the other hand, submitted that in view the judgments of the Apex Court in the cases of K.C. Sareen vs. CBI [(2001) 6SCC 584] and State of Maharashtra vs. Gajanan and Another [(2003) 12 Supreme Court Cases 432], stay to the order of conviction should not be granted. 5. There is quite substance in the submission made by the learned APP for the State. The Apex Court in the cases of K.C. Sarin (supra) and State of Maharashtra vs Gajanan (supra) has clearly laid down that ordinarily in the cases where the conviction is under the Prevention of Corruption Act, stay to the order of conviction should not be granted. Hence, submission made by the learned counsel for the Applicant cannot be accepted. 6. The learned counsel for the Applicant submits that the hearing of the appeal may be expedited. 7. Taking into consideration the peculiar facts and circumstances of the case, hearing of the appeal is expedited. Liberty is given to the Appellant to file a 3 (cri. Appln 875 of 2010 in cri appeal 403 of 2010) private paper-book and apply for fix date of hearing. 8. Application is disposed of in the aforesaid terms. (V.M. KANADE J.)