A .P.SAHI,J. - (1.) Heard learned counsel for the petitioner and the learned standing counsel.
(2.) THE ground taken for cancellation of the Arms license of the petitioner is the pendency of two criminal cases. During the pendency of this writ petition and after the disposal of the appeal by the Commissioner, it is contended that the petitioner has been acquitted in both the cases. It is, therefore, obvious that these subsequent events cannot in any way control the decision making process of the District Magistrate or the Commissioner. Accordingly the same cannot be a ground for quashing of the order. Apart from this, the authority may have to consider as to whether the word 'conviction means final conviction' as held by this Court in the decision reported in AIR 1969 Allahabad Page 414 (FB) Kunwar Bahadur Vs. Union of India. The petitioner will have to satisfy as to whether any appeal has been preferred or not and as to whether any further proceedings have been taken in this regard or not.
(3.) THERE is another aspect which deserves attention. The presumption of innocence comes to an end once a conviction is recorded. The position does not improve further even if the judgment is put in jeopardy in appeal. An appellate court at the best during appeal either grants bail or exercises power to stay the execution of the sentence. It does not have the inherent power to stay or suspend the sentence itself. See Para 34 of 2001 (7) SCC Page 231 B.R. Kapur Vs. State of Tamil Nadu.;