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2006 DIGILAW 780 (RAJ)

Suresh Kumar v. State of Rajasthan

2006-03-07

K.C.SHARMA

body2006
JUDGMENT 1. - Heard learned counsel for the parties on the application for stay of conviction. 2. The applicant appellant was convicted for offence under Sections 304 Part II, read with Section 149 IPC, 147, 323/149 and 452 IPC by the learned Additional Sessions Judge, (Fast Track) No. 3, Bharatpur. On appeal against conviction, this court vide order dated 4.7.2003 suspended the execution of sentence. 3. On 21.2.2006 the appellant has moved an application mentioning therein that he was employed as Assistant Accounts Officer in the Government of Rajasthan and in the wake of impugned judgment of conviction, the appellant has suffered loss of service by way of termination order having been passed against him. 4. Learned counsel appearing for the appellant has produced before me two decisions of the Division Bench of Rajasthan (DB Cr. Misc. Stay Application No. 772/2001 in DB Cr. Appeal No. 660/2001, decided on 2.8.2001) and (ii) in Ram Kishore v. State of Rajasthan (DB Cr. Misc. Application for stay of Conviction No. 438/2005 in DB Cr. Appeal No. 487/95) decided on 15.4.2004. He has also produced two decisions of this Court in Laxman Lai and another v. State of Rajasthan (2005 WLC (Raj) U.C.) and in SB Cr.Misc. (Stay of Conviction) Application No. 1038/2004 in S.B. Cr. Appeal No. 1712/2003 decided on 2.6.2005. In the first case the Division Bench stayed the judgment of conviction qua appellant Furquan Ahmed, Gr. III Teacher, whose services had already been terminated. In the later case, the applicant had retired from service. The Division Bench considering the fact that applicant would not be paid even his pension, stayed the conviction of appellant. 5. Thus, relying upon the above quoted two decisions of the Division, Bench and that of this court, I consider it appropriate to entertain the prayer of the applicant for staying the judgment of conviction. 6. Consequently, the application is allowed. The impugned judgment of conviction dated 23.4.2003 passed by the learned Additional Sessions Judge, (Fast Track) No. 3, Bharatpur in Sessions Case No. 68/2001 (122/93) shall remain stayed during pendency of this appeal.Application allowed *******