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2007 DIGILAW 8 (RAJ)

Maqsood Khan v. State of Rajasthan Thro’ PP

2007-01-03

NARENDRA KUMAR JAIN

body2007
JUDGMENT 1. - The accused-applicant has moved this application to stay the order of conviction passed by" the trial Court, on the ground that his appeal has already been admitted by this Court and he is still in Government service. His submission is that after recording the conviction against him by the trial Court. His services will be terminated, therefore, his prayer is that during the pendency of the appeal, the order of conviction passed by the trial Court be stayed. 2. The learned counsel for the complainant submits that as per his information the Department has not served any notice for termination of the service of the accused-applicant, therefore, it cannot be said that his service will be terminated. 3. I have heard learned counsel for the parties. 4. The Special Judge, SC and ST (Prevention of Atrocities) Cases, Ajmer, in Sessions Case No. 38/2005 (127/2002) has convicted the accused-applicant Maqsood Khan under Section 324 of the I.P.C. The learned counsel for the accused-applicant has referred to the decision of the Hon'ble Supreme Court in Rama Narang v. Ramesh Narang and Ors., (1995) 2 SCC 513 , and other orders passed by this Court in various cases, wherein conviction of accused has been suspended during the pendency of the appeal. 5. The nature of offence, prima facie, does not appear to be an offence relating to moral turpitude. The appeal of the appellant has already been admitted and the disposal of the appeal will take time. The services of the accused-applicant have still not been terminated, therefore, I think it fit and proper to stay the operation of conviction passed by the trial Court against the accused-applicant, during the pendency of the appeal. 6. Consequently, the application is allowed. The operation of the order dated 28.1.2006 passed by the Special Judge, SC and ST (Prevention of Atrocities) Cases, Ajmer, in Sessions Case No. 38/2005 (127/2002), against accused-applicant Maqsood Khan S/o Shri Shakur Khan, shall remain stayed, during the pendency of the appeal. 7. The application stands disposed of.Application disposed of. *******