JUDGMENT :

Urmila Joshi-Phalke, J.

1. By this application, being moved under Section 389(2) of the Code of Criminal Procedure, the applicant/original accused No.1 (the accused) seeks stay to judgment and order of conviction and sentence dated 22.12.2023 passed by learned Additional Chief Judicial Magistrate, Nagpur in Regular Criminal Case No.147/2002.

The accused has challenged the said judgment before learned Sessions Judge at Nagpur by preferring an appeal vide Criminal Appeal No.397/2023.

The accused has filed an application, before learned Sessions Judge at Nagpur for grant of stay to the said conviction, which has been rejected by order passed below Exhibit-4 dated 30.12.2023 by learned Additional Sessions Judge, Nagpur.

2. Heard learned Senior Counsel Shri S.K.Mishra for the accused and learned Special Public Prosecutor Shri Siddharth Dave assisted by learned Additional Public Prosecutor Shri N.B.Jawade for the State.

3. The application is filed on grounds that learned Sessions Judge, without evaluating facts of the case, passed a mechanical order and rejected the application seeking stay to the judgment and order of conviction. No prejudice would be caused to the prosecution if t