JUDGMENT 1. - This Cr. Misc. Application has been filed by accused applicant Bhagwan Singh with the prayer to suspend the conviction awarded to him by the learned Magistrate vide impugned judgement dated 4th July, 2006 and the judgment dated 10th April, 2009 passed by Additional Sessions Judge, Gangapur City in the appeal therefrom. 2. The revision petition has been filed by Guli Chand and Bhagwan Singh against the judgment of conviction and sentence passed by the learned Magistrate for the offence under Ss. 465 and 471 IPC. However, the order of the revisional Court dated 10th April, 2009 by which the order of the learned Magistrate has been upheld, has also been challenged in the revision petition. The revision petition was admitted on 17th of April, 2009 and sentence awarded to the accused petitioners was also suspended on the same day. 3. The instant misc. Application has been filed only by Bhagwan Singh on the ground that he is a Government servant and on account of conviction awarded to him, his services are likely to be terminated by the State Government. It has also been averred in the application that the accused petitioner has a good case on merits as he is one of the purchasers by registered sale deed and both the courts below have found the sale deed to be a valid one. The learned trial Court has discharged the accused persons for the offence under Ss. 420, 467 and 468 IPC. The conviction awarded against the petitioner is in respect of offences under Ss. 465 and 471, for which Gull Chand and Kalyan have also been convicted. 4. The learned counsel for the applicant has in support of his submissions placed reliance on the cases of (I) K.C. Sareen v. CBI, Chandigarh, (2001) 6 SCC 584 ; (ii) Laxman Lal & Anr. v. State of Raj. & Anr., 2005 WLC (Raj.) UC 718 ; (iii) SB Cr. Misc. Stay Application No. 628/05 in SB Cr.
4. The learned counsel for the applicant has in support of his submissions placed reliance on the cases of (I) K.C. Sareen v. CBI, Chandigarh, (2001) 6 SCC 584 ; (ii) Laxman Lal & Anr. v. State of Raj. & Anr., 2005 WLC (Raj.) UC 718 ; (iii) SB Cr. Misc. Stay Application No. 628/05 in SB Cr. Appeal No. 315/04 decided on 27.05.05; and (iv) Harish Chand v. State of Raj., 2008(5) WLC (Raj.) 356 .The learned counsel for the applicant has further submitted that it is true that conviction is to be suspended only in exceptional cases but such exceptions are such as the offences under the Prevention of Corruption Act or in cases where the Court is of the view that a heinous crime has been committed. In respect of the said principle, the learned counsel for the applicant has placed reliance on the latest judgment of the Hon'ble Apex Court in Central Bureau of Investigation, New Delhi v. M.N. Sharma, AIR 2009 SC 1185 . 5. On the other hand, the learned Public Prosecutor has opposed the application filed by the accused Bhagwan Singh for suspension of conviction and in support of his submission, he has placed reliance on the Division Bench judgment of this Court in Khemraj v. State of Raj., D.B. Cr. Misc. Appl. No. 784/08 in DB Cr. Appeal No. 478/08 decided on 21.04.2009 . 6. I have given my thoughtful consideration to the submissions made by counsel for the rival parties and also carefully gone -through the facts and circumstances of the case, as also the principle of law laid down in the aforesaid case law cited by the counsel for respective parties. 7. Having carefully considered the judgment passed by the learned trial Court and taking note of the finding arrived at in respect of registered sale deed as well as the offences which are alleged to have been committed by applicant Bhagwan Singh, it is to be noted that applicant Bhagwan Singh is a purchaser through registered sale deed. The core question which comes up for consideration is as to whether the conviction awarded to the applicant, who is in Government service, should be suspended or not in the present case.
The core question which comes up for consideration is as to whether the conviction awarded to the applicant, who is in Government service, should be suspended or not in the present case. So far as the principle of law with regard to suspension of conviction is concerned, there is no quarrel about it because the Hon'ble Supreme Court has time and again laid down that the suspension of conviction can be ordered of course in exceptional circumstances and on just reasons where if not suspended, the same may lead to gross miscarriage of justice. 8. In view of the aforesaid facts and circumstances of the present case; the findings arrived at by both the courts below and taking into consideration the nature of offence alleged against the applicant Bhagwan Singh, I am of the considered opinion that it would be in the interest of justice to suspend/stay the conviction awarded to the applicant, during pendency of this revision petition.Accordingly, the application (158/09) is allowed and conviction awarded to the applicant Bhagwan Singh by order dated 4th July, 2006 as well as 10th April, 2009 shall remain. stayed during pendency of the revision petition. Application Allowed. *******