JASVIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner has been convicted on January 29, 2008 in a case originally registered at the instance of his wife under Section 498A. Thereafter, petitioner has filed an appeal for stay of conviction. Vide order dated 12.12.2008, Additional Sessions Judge, Mansa has, after admitting the appeal, refused to suspend the conviction on the ground that conviction can be suspended only in rare cases, though lower appellate Court has formed an opinion that in view of judgment of Navjot Singh Sidhu v. State of Punjab,2007(1) Apex Court Judgments 463 (SC).the Court got jurisdiction under Section 389 Cr.P.C. to suspend the conviction while suspending the sentence.

(2.) Learned counsel for the complainant has put in appearance and sought intervention to oppose the application for quashing of order dated 12.12.2008, contending that the petitioner has treated his wife with cruelty and has misappropriated the dowry articles, as such conviction order has been passed. On the basis of conviction, he deserves to be dismissed from service.

(3.) Learned counsel for the petitioner has also got an apprehension on of dismissal from service from the letter issued by Director General of Police Punjab (Annexure P3) regarding general decision that convicted police officials should not be permitted to work in the department. It is an admitted fact that till date neither any notice has been issued to the petitioner nor any steps have been taken to dismiss him from service.