- (1.)THIS is an application by accused Bhagwan Singh who was convicted by the Sessions Judge of Morena under Section 302, I. P. C. and whose death sentence in appeal No. 41 of 1954 has been confirmed by us on 20-8-1954. He says that he intends to file an appeal before the Supreme Court and requests that till then the execution of sentence be suspended and stayed.
(2.)THE accused has filed Miscellaneous Application No. 39 of 1954 before us for leave to appeal to the Supreme Court. That application I have rejected. The question is whether in the circumstances, we can order the stay of the execution of the sentence confirmed by us. The learned Government Advocate opposes the application.
(3.)THE learned Counsel for the applicant, Mr. Dey did not say in the application under what provision of law, it was being presented to us, but in the course of his arguments, he has urged that we are competent to pass an order sought by him under Sections 426 (2b) and 561a, Criminal P. C. of 1898.
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