MALAK SINGH Vs. STATE OF U T CHANDIGARH

JUDGEMENT

(1.) By virtue of this application preferred under Section 482 Cr.P.C. read with Section 397 Cr.P.C., petitioner Malak Singh has sought suspension of his conviction.

(2.) Learned counsel for the applicant petitioner contends that the petitioner has been acquitted of the charge by the learned Magistrate vide judgment dated April 6, 2009 but in an appeal preferred by the State U.T. Chandigarh, petitioner has been convicted and sentenced under Section 474 IPC to undergo RI for a period of two years besides imposition of fine, vide judgment dated November 20, 2014 rendered by the Sessions Judge, Chandigarh. The petitioner is a Senior Assistant in Punjab School Education Board and due to his conviction in the present case, the Department is going to terminate his services. There is no other source of income with the petitioner and no other family member is bread earner to look-after his family. Allegations against the applicant petitioner are only that he is in the habit of committing theft Detailed Marks Card/ Certificates of various classes of Panjab University and used to forge the name & roll numbers of the students and used to sell the same to people but there is no such evidence against him and it was only due to non-establishment of facts and allegations that he was acquitted by the learned trial Magistrate.

(3.) On the other hand, learned Standing counsel for U.T. Chandigarh has submitted that applicant petitioner is not entitled to stay of his conviction, especially in the circumstances that there are specific allegations against him that he has been indulging in the theft of Detailed Marks Cards/Certificates and then, by forging the names & roll numbers etc., he used to sell the same to different persons.