S M MALIK Vs. STATE

JUDGEMENT

(1.) S.M. Malik was one of the persons who was convicted for an offence under Sections 306/34 Indian Penal Code and was sentenced to undergo to five years imprisonment and to the payment of fine of Rs. 5.000.00 . This was done by the order of conviction dated 24th of February 1987 followed by an order of sentence dated 27th of February,1987. The appeal filed by the appellant/non-applicant herein was admitted and by an order dated 6th of April 1987 this court further ordered that the conviction and sentence shall remain suspended pending appeal and also stayed the payment of fine.

(2.) I would like to make mention at this stage that the State which is party to the appeal and had initiated the prosecution against the non-applicant S.M. Malik and others has no grievance. The grievance now made is by employer of the convict S.M. Malik who along with others has preferred this the appeal. Mr. Mathur has raised a preliminary objection, that the applicant Bharat Heavy Electricals Ltd has no locus standi to intervene and file this application. Mr. Mathur's reliance is on Section 301 of the Code of Criminal Procedure. I would like to make it dear that the applicant herein is, as is asserted by it, the affected parly by the order and that is how it has filed the present application under Section 482 Criminal Procedure Code . The objection raised by Mr Mathni, therefore, to me does not appear to be fair as the applicant herein is not intervening in the mailer on the merits or demerits to the order of conviction and sentence against which the appeal is pending before this court.

(3.) The applicant-Bharat Heavy Electricals Ltd. by this application under Section 482 Criminal Procedure Code . has made a grievance that this court while admitting the appeal could only suspend the sentence and not the conviction arid the expression "conviction" in the order dated 6th of April 1987 has appeared due to some mistake. He, therefore prays that this mislake be rectified and the expression 'conviction' used in the aforesaid order be deleted. This in short is the grievance made before me.