VIJAY SAXENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant, a Mechanic in Central Jail, Ajmer was convicted and sentenced under Sec. 302 read with Sec. 34 of the Indian Penal Code by the Special Judge (Fake Currency Cases) Jaipur City, Jaipur vide judgment dated Aug. 14, 2007. This court after suspending the sentence awarded to applicant released him on bail. During the pendency of appeal Director General Prisons, Rajasthan Jaipur terminated the services of the applicant vide order dated Sept. 6, 2007 purportedly to have been passed under Rule 19 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958.

(2.) Aggrieved against the said order the appellant has now approached this court seeking suspension of the order of conviction during the pendency of the appeal.

(3.) The meaningful question that arises for consideration is whether the appellate court while exercising its powers under Sec. 389(1) Crimial P.C. can suspend the order of conviction?