1 Criminal Application 2303 .11 in Cri.Appeal No. 91.11 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2303 OF 2011 in CRIMINAL APPEAL NO. 91 OF 2011 Santosh S/o Jagannath Nikumbe ... APPLICANT VERSUS The State of Maharashtra ;;; RESPONDENT ..... Shri Rajendra Deshmukh, Advocate for applicant Shri B.J. Sonwane, APP for the respondent /State ..... CORAM : U.D. SALVI, J. DATED : 25 th August, 2011. PER COURT : 1. Heard. Perused. 2. Police Constable who has lost job on account of conviction and sentence in Session Case No. 38/2002, Under Section 498-A read with 34 of Indian Penal Code, 1860, recorded by the learned Additional Sessions Judge, Nandurbar vide its Judgment and Order dated 29-01-2011, has moved this application for suspension of the conviction. 2 Criminal Application 2303 .11 in Cri.Appeal No. 91.11 3. Learned Advocate for the applicant, submits that the applicant /accused was acquitted of the major charge Under Section 302 of Indian Penal Code, 1860, and only his conviction Under Section 498-A read with 34 of Indian Penal Code, 1860 has come in the way of his continuation in service, which is only source of his bread, and suspension of this conviction would possibly have a effect on persuading the learned Tribunal or Appellate Authority to pass orders of stay against the order of his removal from service dated 27-04-2011. This Court cannot consider the consequences that may fall, as a result of the conviction. It would be proper for the learned Tribunal or Appellate Authority to consider this aspect independently. 4. Leave is, therefore, sought to withdraw the application with liberty to pursue the remedy elsewhere. Leave to withdraw the application is granted with liberty as is available under law to seek remedy against the dismissal from service elsewhere. All contentions are kept open. ( U.D. SALVI, J. ) SDM*-August-11