Surendra Nath Verma (Dr.) vs State Of U.P. And Others
2014 Latest Caselaw 3885 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 2
 

 
Case :- WRIT - A No. - 54026 of 2010
 

 
Petitioner :- Surendra Nath Verma (Dr.)
 
Respondent :- State Of U.P. And Others
 
Counsel for Petitioner :- Ashwani Kumar Mishra,Shyamal Narain
 
Counsel for Respondent :- C. S. C.,Sri Mahendra Pratap
 

 
Hon'ble Rajes Kumar,J.

Hon'ble Mahesh Chandra Tripathi,J.

Civil Misc. Review Application No. 45469 of 2014.

Heard Sri Ashwani Kumar Mishra, learned counsel for the applicant and Sri Mahendra Pratap, learned counsel appearing on behalf the respondents.

We are of the view that some correction/modification is required in the order dated 10.1.2014 which is as follows:

At page 2 in the last but one paragraph in place of "The effect and operation of the sentence of the applicant by the impugned judgment and order dated 21.4.2019 passed by the Additional Sessions Judge/Fast Track Court No. 20, Allahabad in S.T. No. 350/04 shall remain stayed during the pendency of appeal",  "The effect and operation of conviction and sentences of the applicant by impugned judgment and order dated 21.4.2009 passed by the Additional Sessions Judge/Fast Track Court No. 20, Allahabad in S.T. No. 350/04 shall remain stayed during the pendency of the appeal" be read.

At page 5 fifth line from bottom of the last paragraph  before the word 'sentence', the words "conviction and" be added.

At page 6 of last paragraph of the last line, the word "operation of" before the word "sentence" be read.

In ninth line of the last paragraph at page 13 of the order before the word 'sentence', the words "conviction and" be added and in the last but one line of the last paragraph, before the word "sentence",  words "operation of conviction and" be added.

At page 14 last but one paragraph is being substituted by following:

"Now the question is what is the effect of stay of operation of conviction and sentence by the Criminal Appellate Court, we are of the view that the stay does not render the conviction non-existent but non-operative and it only amounts to suspension of execution of sentence."

At page 17 in the end of second para, in place of "The grant of bail or staying of sentence does not amount to stay of conviction" following be substituted:

"The grant of bail or staying of operation of conviction and sentence only amount to suspension of execution of sentence and it does not render the conviction non-existent but only non-operative."

Apart from the aforesaid correction/modification, we do not find any other modification or the review of the order.

The application is accordingly disposed of.

Order Date :- 1.8.2014

OP