Team Herald
PANJIM: The High Court of Bombay at Goa has stayed the sentence of convicted Industrial Training Institute (ITI) instructor K Henry Daniel till the final disposal of the appeal challenging his conviction.
The Additional Sessions Court, on November 15, 2019 sentenced Daniel to seven years of jail after finding him guilty for the offence registered under Prevention of Corruption Act. The accused then approached the High Court seeking suspension of his sentence until hearing and final disposal of his appeal.
During the hearing of his plea, the Government counsel S R Rivankar opposed releasing the accused on bail pending the hearing of the appeal contending that the accused has not deposited the fine amount imposed by the trial court and that he has been convicted for a serious offence which is in violation of human rights and an offence against the society.
The Bench of Justice Prithviraj Chavan observed that pending hearing of the appeal, the execution of the sentence needs to be suspended as the appeal has already been admitted. Daniel was on bail throughout, till he was convicted by the Trial Court, he added.
“Of course, necessary conditions can be imposed while suspending the execution of sentence. It is also submitted that the applicant (Daniel) is a permanent resident of Goa. However, Rivankar submits that the applicant is a native of Hyderabad. Nitin Sardessai, appearing for Daniel, on the other hand, submits that he is married to a Goan lady, who has a matrimonial house in the State of Goa,” the bench observed while disposing of the petition.
“Having considered the aforesaid facts, pending the hearing and final disposal of the appeal, the execution of the sentence passed by the trial court is suspended on condition,” the order read.
The instructor was arrested on August 5, 2016 by a team of Anti-Corruption Branch (ACB) while accepting Rs 1,500 bribe. The Trial Court ordered him to undergo seven years of jail and pay fine of Rs 35,000.
