Crl. Misc. No.M-23029 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No. M-23029 of 2009 Date of Decision: July 14, 2010 Davinder Singh and another …..Petitioners Vs. State of Haryana and another …..Respondents CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr.P.S. Ahluwalia, Advocate for the petitioners. Mr.P.S. Bajwa, DAG, Punjab. Ms.J.J. Kaur, Advocate for respondent No.2. -.- M.M.S. BEDI, J. (ORAL) Petitioners seek the suspension of conviction during the pendency of their first appeal which is pending in the Court of Additional Sessions Judge, Hoshiarpur. It is not disputed that for the same occurrence, the criminal case was registered against the complainant Rajinder Singh and a private complaint was filed by Rajinder Singh against the petitioners. Crl. Misc. No.M-23029 of 2009 [2] After hearing counsel for the parties, I am of the opinion that the Court of first statutory appeal is a Court of law and fact. The conviction and sentence of the petitioners has to be determined in the light of the evidence produced by complainant- Rajinder Singh in his private complaint under Section 323 IPC. The petitioners have been dismissed from service on the basis of conviction simplicitor. The order of dismissal seems to have been challenged in the writ petition. Without expression of any opinion whether the petitioners could have been dismissed from service on the basis of conviction order simplicitor or the disciplinary authority was required to determine whether the conduct leading to conviction could result in their dismissal, irrespective of the above fact, I am of the opinion that in peculiar circumstances of the present case the conviction of the petitioners during the pendency of their appeal deserves to be stayed lest it should cause irreparable loss to them till the determination of their appeal on merits. The petition is allowed. The order dated August 5, 2009 is hereby set aside. The conviction of the petitioners will remain suspended during the pendency of the appeal. The Appellate Court is directed to decide the appeal within a period of three months after the receipt of a certified copy of this order. July 14, 2010 (M.M.S.BEDI) sanjay JUDGE