KIRTAN MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD the learned counsel for the parties.

(2.) THE IA No. 1024 of 2004 at flag "O" under Section 389 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the said Code) has been filed at the instance of appellant Kirtan Mahto to stay/ suspend the judgment of conviction dated 17.1.2004 and sentence dated 21.1.2004 passed by the learned Court below in SI No. 707 of 1997 against him.

(3.) IT has been submitted by the learned counsel for the appellant Kirtan Mahto that after the release on bail appellant Kirtan Mahto joined his service on 16.03.2004 in Adarsh Middle School, Barkagaon where he was posted as teacher and was served with a memorandum dated 29.6.2004 under the signature of the District Education Superintendent, Hazaribagh that his services stand terminated and in such a situation serious disqualification and consequences has ensued due to his conviction regarding his service and in view of the provisions contained in Section 389 of the said Code, the conviction of this appellant may be suspended. In support of his contention reliance has been placed upon the ratio of the case of S.M. Malik and others V/s. State, 1990 Cri LJ 1919.