MANOHAR SINGH Vs. U O I

JUDGEMENT

(1.) THE General Security Forces court at Khanbal (Jammu and kashmir),by its order dated 10. 3. 1993, found the petitioner, who was a Driver in the B. S. F. ,guilty for offence under Sec. 376, Cr. P. C. and sentenced him to five year's rigorous imprisonment and also dismissed him from service. His appeal against conviction is reported to be pending before the Director General, Police, Boarder Security Force,new Delhi. Against his dismissal from service and conviction, the petitioner has separately filed S. B. Civil Writ Petition Nb. 1184/94 in this court, wherein notices have been issued to the respondents.

(2.) THE petitioner has now filed this petition under Sec. 389, Cr. P. C. for suspension of his sentence. Since no appeal against his conviction is pending in this court, this petition under sec. 389,cr. P. C. is legally not maintainable, which is hereby dismissed. THE petitioner, if so likes, may file a separate stay application in the civil writ petition in accordance with law. .