MAHENDRA PAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Applicant-appellant Mahendra Pal Singh who is a Government servant has sought stay of the judgment of conviction and sentence recorded against him on 7.10.2005 in Sessions Case No. 20/2004 for offence under Section 304 Part-II IPC. The co-ordinate Bench of this Court has already suspended his sentence on 4.1.2006. Now, it is apprehended by the applicant-appellant that the department is going to terminate his services.

(2.) His learned counsel has submitted on the strength of the case in Smt. Akhtari Bi v. State of M.P. : JT 2001(4) SC 40 that the appeal being a statutory right, the trial Court's verdict does not attain finality during pendency of appeal. The trial shall be deemed to be continuing despite conviction. He has further submitted that in view of the pronouncement of the Hon'ble Apex Court in the case of Ram Narang v. Ramesh Narang : (1995) 2 SCC 513 and judgment of the Division Bench of this Court in Kanhaiya v. State (D.B. Cr. Misc. Application No. 652/2001) in D.B. Criminal Appeal No. 733/2000 , where the conviction is capable of execution, the same maybe stayed on a specific request made in this regard by the convict in appropriate cases for reasons to be recorded in writing, He has also submitted that the offences found proved against the applicant does not involve moral turpitude. His appeal is likely to take a pretty long period before it is finally adjudicated. In the instant case, conviction is capable of execution as it may entail termination from service, he has, therefore, prayed that the conviction of the applicant may also be stayed so that he may not be visited with further adverse consequence flowing from the order of termination and may if possible and if so advised seek remedy in this regard by taking recourse to proper proceedings as per law.

(3.) Learned PP has vehemently opposed the application but he could neither point out anything from the record nor could cite any authority taking contrary view of such matters. He has simply submitted that the appeal itself may be heard and disposed of at an early date.