RAM LAL @ RAM SINGH Vs. STATE

JUDGEMENT

(1.) This application for stay of conviction has been filed under Sec. 389 r/w Sec. 482 Cr.PC by applicant Ram Lal @ Ram Singh who has been convicted and sentenced by the learned Addl. Sessions Judge No. 2, Sikar Camp, Srimadhopur Distt. Sikar in Sessions Case No. 37/2001 vide judgment dated 20.12.2003. His sentence has already been suspended vide order 5 dated 12.2.2004 till the disposal of his appeal.

(2.) It is contended by the learned counsel for the petitioner that he is a Patwari posted in Distt. Sikar and in view of his conviction the Distt. Collector (L.R.) has placed him under suspension vide order dated 17.1.2004. His service may be dispensed with after departmental proceedings which are 10 contemplated on the basis of the aforesaid judgment of conviction, whereas the verdict of the trial court has yet not attained finality until his appeal is decided and his conviction can be stayed on specific request being made in this regard if it is executable and entails disqualification or termination from service as has been held by the Honourable Apex Court in the case of Smt. Akhtari Bi Vs. State of M.P., JT 2001 (4) SC 40 .

(3.) Learned P.P. has opposed the application.