LAXMAN LAL & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties. The applicants -appellants, who are Government servants, were convicted by the trial judge under Sec. 307 IPC and each was sentenced to undergo imprisonment for 7 years. The sentence awarded to the appellants was suspended by this court 24.1.2002.

(2.) Through this stay application under Sec. 389(1) Cr. P.C, the appellants have prayed for staying conviction imposed on them by the trial court vide its judgment and order dated 31.10.2001.

(3.) The controversy centres round the scope of Sec. 389(1) of the Code of Criminal Procedure. Sec. 389(1) Cr. P.C. provides that pending any appeal by a convicted person the Appellate Court, for reason to be recorded by it in writing, order that the execution of the sentence or order appealed against be suspended and, also, if he is in confinement, that he be released on bail, or on his own bond."