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2017 DIGILAW 778 (RAJ)

Hari Kishan S/o Shri Rameshwar Prasad v. State of Rajasthan Through P. P.

2017-03-22

PANKAJ BHANDARI

body2017
JUDGMENT & ORDER : Mr. Pankaj Bhandari, J. 1. The applicant has moved this application for suspending the judgment and order dated 05.05.2012. It is contended by the counsel for the petitioner that the deceased in her dying declaration has clearly stated that the fire broke out accidentally and no one was involved in the act. 2. It is contended that the petitioner, Mr. Harikishan is a government employee and has been dismissed from service because of the conviction. 3. Counsel for the petitioner has placed reliance on "Jagdish Prasad v. State of Rajasthan", 2013 SCC Online Rajasthan page 450 and "Sunderlal v. State", 2009 WLC page 48 and "Kanhaiya v. State of Rajasthan", 2001 (3) WLC Rajasthan page 411. 4. I have considered the contentions of counsel for the petitioner. The petitioner has been dismissed from service because of the conviction order passed against him. Considering the fact that the deceased has not levelled any allegations against present petitioner in her dying declaration and the petitioner has been put to irrepairable loss because of the conviction order, placing reliance on the judgment cited by the counsel for the petitioner I am inclined to suspend the conviction order with regard to the present petitioner. 5. Application is, accordingly, allowed.