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URMILA JOSHI-PHALKE
Sunil – Appellant
Versus
State Of Maharashtra – Respondent
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
The suspension of a conviction is an exception and not a rule, requiring a strong prima facie case and consideration of the broader implications for the electoral process and public trust in governan....
The power to suspend a conviction should be exercised in rare cases only, and disqualification under Section 8 of the Representation of People Act, 1951 is not a sufficient ground for suspension of t....
Suspension of conviction may occur only in exceptional circumstances, particularly when significant injustice would result; the right to contest elections is not fundamental but statutory.
Section 389 of the Code of Criminal Procedure, 1973, empowers the appellate court, pending an appeal by a convicted person and for reasons to be recorded in writing to order that the execution of a s....
(1) Stay on conviction – Very notion of irreversible consequences is centered on factors, including individual’s criminal antecedents, gravity of offence, and its wider social impact, while simultane....
Suspension of conviction in criminal cases, especially for corruption, is only permissible in exceptional circumstances where irreversible harm can be shown.
The main legal point established in the judgment is that when deciding on the suspension of a conviction, the court should consider irreversible consequences, the individual's criminal antecedents, t....
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