HARI NARAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the parties on the stay application filed on behalf of the accused petitioner Hari Narain.

(2.) THE petitioner was convicted and sentenced by the Trial Court for offence under Sections 354 and 323 IPC. He challenged the conviction by filing an appeal before the court of Sessions. Along with appeal, the petitioner also filed an application for suspension of execution of sentence and also prayed that he being a Government servant, the conviction may also be stayed. THE learned Sessions Judge suspended the execution of sentence awarded to the petitioner, but did not pass any order on the prayer of the petitioner for stay of conviction. THEreafter the petitioner again moved an application before the Sessions Judge and prayed for stay of conviction. But the learned Sessions Judge vide order impugned in this petition rejected the application observing that the court has no power to review its order. THE petitioner had specifically averred that he is posted as Postal Assistant in Department of Posts, India and is posted in the office of Principal Chief Post Master General, Jaipur and that the department is likely to issue him notice so as to dispense with his services.

(3.) CONSEQUENTLY, the application for stay is accepted. The operation of the judgment of conviction dated August 9, 2004 passed by the learned Chief Judicial Magistrate, Jaipur District, Jaipur shall remain stayed till the decision of appeal of the petitioner against conviction. .