RABINDRA PANDIT Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed by Jhari Yadav alias Akhilesh Yadav, son of late Kali Prasad Yadav. By this application, this applicant, who is appellant No. 2 in this appeal, has prayed for suspension of conviction in terms of Section 389(1) of Criminal Procedure Code (Cr. PC).

(2.) A supplementary affidavit to the interlocutory application has been filed in which it is stated that the father of this applicant, namely, Kali Prasad Yadav was working as a Constable in Special Central Jail at Bhagalpur and died in harness in the year, 2007. This applicant then made an application for compassionate appointment immediately thereafter being the eldest son of late Kali Prasad Yadav and being a Matriculate. While his application for being appointed on compassionate ground was pending, on 4-7-2009, he alleges that he was falsely implicated in a criminal case in which ultimately in Sessions Trial Case No. 696 of 2010 by judgment dated 19-11-2011 and sentencing order dated 21-11-2011, he along with others, has been convicted for an offence punishable under Sections 302/34 of Indian Penal Code (IPC) and Section 27 of the Arms Act. The present appeal is from the said conviction and sentence of life imprisonment.

(3.) We have considered the matter at length. In our view, Section 389(1) of Cr. PC. contemplates two things, one stay of conviction and the other stay of sentence. The effects of the two are different. Neither of the two can be demanded by the appellant, who has been found guilty, as a matter of right. It is upon the discretion of the Court based upon the facts and circumstances of the case that the stay is to be granted. The stay of sentence inures to the benefit of the appellant by way of bail and the stay of conviction inures to the benefit of the appellant by removing the stain of conviction so long as the stay operates. If sentence alone is stayed that is bail granted, a person would still suffer disabilities of conviction. One of those disabilities would be that he is not entitled to any Government employment. That is the situation here.