- (1.) AMAR Saran, J. The applicants-appellants have moved this application, for suspension of conviction, in the criminal appeal, wherein the appellants and others were convicted and sentenced inter alia to seven years rigorous imprisonment and a fine of rupees ten thousand-each under section 307ipc.
(2.) IT may be pointed out that earlier the appellants were enlarged on bail by my order dated 22. 3. 2006. At that time the sentence of the appellants was suspended, but no order had been passed suspending the conviction. I have heard Shri Dharmendra Singhal, learned Counsel for the applicants-appellants, Shri Shalendra Sharma, learned Counsel for the complainant and learned Additional Government Advocate. The appellants are seeking suspension of their conviction because it is urged that appellant-applicant No. 1 Daya Shanker Rai is a Government servant and the department is taking action against him in view of the fact that his conviction has not been suspended.
(3.) LEARNED Counsel for the appellants contends that an order or suspension of the conviction should invariably be passed and there is inherent power to stay the order of conviction under section 389 (1) of the Code of Criminal Procedure (hereinafter referred to as the Code ). Learned Counsel for the appellants has referred to some authorities of the Apex Court for setting up the proposition that except for cases under the Prevention of Corruption Act, in other matters, the conviction should invariably be suspended when an appeal is filed.;