KISHORE SAMRITE Vs. STATE OF M P

JUDGEMENT

(1.) Heard on 1A No. 9533/2013, which is an application under section 389(1) read with section 482 of the CrPC for stay of conviction of appellant No. 1 Kishore Samrite/applicant.

(2.) The applicant has been convicted by the trial Court under sections 435/149,332/149,427/149,147 of the IPC and section 3(1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and sentenced to RI for 5 years and fine of Rs. 10,000/ -, Rl for 2 years and fine of Rs. 1,000/ -, RI for 1 year, RI for 1 year, RI for 3 years and fine of Rs. 1,000/ -, with default stipulations.

(3.) Learned counsel for the State has opposed the application and submitted that Hon'ble the apex Court has observed in number of cases that the conviction of the accused can only be suspended in rare cases. Looking to the nature of allegation against the applicant, the conviction of the applicant should not be suspended/stayed, therefore, this application is liable to be dismissed.