MAHAMMAD AHASAN USHMANI Vs. REPUBLIC OF INDIA

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and Mr. S.K.Padhi, learned Senior counsel appearing for the Republic of India.

(2.) THE petitioner in this application under Section 482, Cr.P.C. has challenged the order dated 31.7.2007 passed by the learned Ad hoc Addl. Sessions Judge, Fast Track Court No. IV, Bhubaneswar in Criminal Appeal No. 71 of 2006, rejecting the prayer of the petitioner to suspend the order of conviction. The petitioner faced a trial with regard to commission of offence under Sections 417/468/471 IPC and was convicted and sentenced to undergo R.I. for one year and to pay fine of Rs. 1000/ - in default to undergo R.I. for thirty days for the offence under Section 417 IPC and also to undergo R.I. for four years and pay fine of Rs. 2000/ - in default to undergo R.I. for sixty days for the offence under Section 468 IPC read with Section 471 IPC. The petitioner preferred the aforesaid criminal appeal and in the said appeal on his application, he was admitted to bail and realization of fine was stayed. Subsequently, the petitioner again filed an application to suspend the sentence. The said application was also allowed. Thereafter again an application was filed by the petitioner to suspend the order of conviction, on the ground that the petitioner being a public servant, if the conviction is not suspended, the petitioner will be terminated from service. By the impugned order, the learned Court below after hearing the parties, came to the conclusion that a prayer for stay of conviction cannot be entertained and dismissed the application.

(3.) LEARNED counsel for both the parties agree that finding of the Court below that there is no power to suspend the conviction, is fallacious as law is well settled that the Appellate Court in a criminal appeal can in appropriate cases suspend the order of conviction during pendency of the appeal. Various case laws in this regard were cited before me by Mr. S.K.Padhi, learned senior counsel appearing for the opp. party.