(1.) Heard learned counsel for the applicant - Appellant Shaitan Singh, the learned RR for the State and perused the record.
(2.) The sentence imposed upon the applicant vide judgment dated 29.1.2004 has already been suspended vide order dated 19.2.2004. He has submitted that he is an employee of Indian Army and has received a notice under Rule 19 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 and as per that notice his services may be dispensed with. His conviction is not for any offence involving moral turpitude. He has, therefore, prayed that his conviction may be stayed till the disposal of his appeal. Learned RR has opposed the application.
(3.) Thus, having regard to the aforesaid exceptional facts and circumstances of the case, I deem it just and proper to allow the application.