ORDER :

Anoop Kumar Dhand, J.

1. Present misc. stay application filed by the applicant appellant for staying the judgment of his conviction passed by the Special Judge SC/ST Cases, Ajmer vide judgment dated 03.09.2022 by which the appellant has been convicted for the offence punishable under Section 3/25 of the Arms Act and has been sentenced to undergo two years simple imprisonment with fine of Rs.5,000/-.

2. Learned counsel for the applicant-appellant submits that the appellant faced trial for the offence under Sections 307 and 120-B IPC and under Section 3(2)(V) of the SC/ST Act along with Section 3/25 of the Arms Act. Counsel submits that the appellant has been acquitted from all the charges except the charge under Section 3/25 of the Arms Act and he has been sentenced to undergo two years simple imprisonment. Counsel submits that though recovery of pistol was there, but the same was recovered from an open place which was not in exclusive possession of the appellant. Counsel submits that considering the aforesaid arguments the sentence of the appellant has already been suspended by this Court vide order dated 19.09.2022. Counsel submits that during pendency of the trial and this a