MAHAMMAD AHASAN USHMANI Vs. REPUBLIC OF INDIA

JUDGEMENT

(1.) HEARD Learned Counsel for the Petitioner and Mr. SK Padhi, learned senior counsel appearing for the Republic of India.

(2.) THE Petitioner in this application under Section 482, Code of Criminal Procedure has challenged the order dated 31.7.2007 passed by the learned Ad hoc Addl. Sessions Judge, Fast Track Court No. IV, Bhubaneswar in Criminal Appeal No. 71 of 2006, rejecting the prayer of the Petitioner to suspend the order of Conviction. The Petitioner faced a trial with regard to commission of offence under Sections 417/468/471 I.P.C. and was convicted and sentenced to undergo R.I. for one year and to pay fine of Rs. 1000/ - in default to undergo R.I. for thirty days for the offence under Section 417 I.P.C. and also to undergo R.I. for four years and pay fine of Rs. 2000/ - in default to undergo R.I. for sixty days for the offence under Section 468 I.P.C. read with Section 471 I.P.C. The Petitioner preferred the aforesaid criminal appeal and in the said appeal on his application, he was admitted to bail and realization of fine was stayed. Subsequently, the Petitioner again filed an application to suspend the sentence. The said application was also allowed.

(3.) I have perused the impugned order and heard the Learned Counsel for the respective parties.