MOOLCHAND SWAMI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard on the misc. application moved under Sec. 389 Cr.RC. for staying the impugned order of conviction dated 02.04.2008 passed by the Special Judge, Sessions Court, Prevention of Corruption Act, Jaipur in Criminal Case No. 18/99 till the disposal of the appeal.

(2.) Learned counsel Mr. Kaushik, appearing on behalf of the accused-appellant, in support of his submissions, placed reliance on the judgment rendered by the Honourable Supreme Court in the case of Smt. Akhtari Bi Vs. State of M.P., reported in JT 2001(4) SC 40 , wherein the accused was guilty of committing murder and the order of conviction and sentence was kept in abeyance by the Honourable Supreme Court.

(3.) He further placed reliance on the judgment rendered by the co-ordinate Bench of this Court in the case of Laxman Lal & Anr. Vs. State of Rajasthan, reported in 2004(1) R.C.C. 27 , wherein the accused were convicted by the trial Judge under Sec. 307 Penal Code and the order of conviction was stayed/suspended by this court.