LAWS(P&H)-2004-2-28

ROOP SINGH Vs. STATE OF PUNJAB

Decided On February 18, 2004
ROOP SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) THIS application is moved by Roop Singh appellant praying for suspension of conviction. He stands convicted along with his co-accused by learned Additional Sessions Judge (Adhoc), Fast Track Court, Ludhiana vide judgment dated 11.6.2003 under Sections 307/452/148/149 IPC in case bearing FIR No. 153 dated 13.11.1995, registered at Police Station Sahnewal, District Ludhiana. The substantive sentence awarded to the present applicant has already been suspended vide order dated 23.7.2003.

(2.) IT is stated by Mr. Saggu, that the applicant was working as Field Officer with Punjab State Cooperative Agricultural Development Bank Ltd. Malerkotla at the time of alleged occurrence; that after the conviction he has now been dismissed from service; that his co-convicts namely Gurpal Singh and Bahadur Singh were also employed at that time and their services were also terminated; that after getting the concession of suspension of sentence, the aforesaid co-convicts knocked at the door of this Court by filing Crl. Misc. Nos. 7021 of 2004 and 30320 of 2004 for suspension of conviction; that the said applications were allowed by this Court and it was ordered that their conviction shall remain stayed till final disposal of the appeal. In this regard, the learned counsel has drawn attention to the order dated 27.7.2004.

(3.) MR . Saggu on the basis of the aforesaid submissions contends that since the appeal against acquittal of the complainant side is already admitted by this Court, both the appeals have to be decided simultaneously and in that eventuality, the point for debate would be as to which side is aggressor and in case the order of conviction is suspended by this Court, he might be taken back in service.