BINOD RAI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Interlocutory application being I.A. No. 2501/2010 has been filed for consideration of this Court to suspend the order of conviction of the Appellant Nos. 3 and 4, namely, Anant Kumar Rai and Ashok Rai, respectively, recorded on dated 2.12.2005 in ST. No. 187/1999 delivered by the Additional Sessions Judge, FTC-IX, Giridih. The said judgment has been challenged before this? Court in Cr. Appeal No. 1510 of 2005. The Appellants have been convicted by-the learned Sessions Judge for R.I. for a period of 7 years and one year Under Section 307/149 of the IPC and Section 323 I.P.C., respectively.

(2.) The learned Counsel for the Appellants submits that the Appellant Nos. 3 and 4 intend to contest the on-going Panchayat Election from Gundri under Dhanwar Block where the Appellant No. 3 wants to contest the poll for the post of Panchayat Sadasya whereas, Appellant No. 4 wants to contest the poll of Member of Zila Parishad. It has further been alleged that the notification for the said Election has already been notified by the Election Commission. The nomination has already been filed. The Appellants have to produce the order of stay of conviction during the pendnecy of the appeal and the scrutiny of the nominations are still to be done.

(3.) The learned Counsel for the Appellants further submits that the Appellant Nos. 3 and 4 have filed a compromise petition before this Court by way of I.A. No. 2500/2010 and the informant was also convicted by the Trial Court in cross case under Section 323 of the IPC and the matter has already been compounded in the appeal As the matter has already been settled between the parties, the conviction may be suspended.