RADHA KISHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS criminal misc. stay application in the captioned criminal appeal has been filed seeking stay of conviction recorded by the trial court under its judgment dated 14.09.2012 against the applicant, Radha Kishan, for offences under Section 323, 341, 324/34, 325/34 and 308/34 IPC wherein the maximum sentence to be suffered by the applicant is four years rigorous imprisonment for the offence under Section 308/34 IPC, with other lesser sentences qua other offences (323, 341, 324/34, 325/34 IPC) directed to run concurrently. Counsel for the applicant has submitted that this Court vide its order dated 21.09.2012 has already suspended the sentence visited upon the applicant by the learned trial court.

(2.) COUNSEL submits that this application for stay of conviction of the order dated 14.09.2012 for offences under Sections 323, 341, 324/34, 325/34 and 308/34 IPC passed by the trial court arises in the circumstance that the accused-applicant is a highly qualified person and is presently employed as PET, GBSSS, No.1, Molarband, New Delhi. It is submitted that the accused-applicant has been terminated from service under the order dated 17.12.2012 issued under the hand of the Director of Education, Government of National Capital Territory of Delhi Directorate of Education, Old. Sectt. Delhi (Vigilance Branch-HQ) and a bare look at the order indicates that the termination is founded upon the order of the applicant's conviction dated 14.09.2012 for offences under Sections 323, 341, 324/34, 325/34 and 308/34 IPC.

(3.) MR . Amit Poonia, the learned Public Prosecutor, has only parroted the allegation against the applicant and the findings of the trial court, but no contrary judgment has been relied upon by him. He however nothing has to say with regard to overall facts of the case or the state of law with regard to staying the conviction of an accused where the conviction is unrelated to corruption or criminal misconduct in service.