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ANISH DAYAL
Subhash Chand Jain – Appellant
Versus
Central Bureau Of Investigation – Respondent
JUDGMENT :
[Anish Dayal, J.]
1. By these applications, the appellants have sought suspension of the order on conviction dated 26thAugust, 2021 convicting the appellants till the final disposal of the appeals by this Court. These appeals arise out of a common judgment dated 26thAugust, 2021 passed by the learned Special Judge PC Act CBI-03, Rouse Avenue Courts convicting the appellants under provisions under Sections 420/471IPCr/w Section 468 IPC and under Section 13 (1)(d)r/w Section 13 (2) of the Prevention of Corruption Act (PC Act). An incident dated 26thJune, 2006 wherein it was alleged that the accused conspired amongst themselves to defraud the New Delhi Municipal Corporation (NDMC)in a matter pertaining to execution an award of electrical works and for which purpose they awarded the work and released the payments to the contractor without ensuring that the related work was executed.
2. The subsequent order on sentence dated 14thSeptember 2021 awarded a sentence of one-year rigorous imprisonment for offence punishable under Section 120-B IPC with fine of Rs. 20,000/-(2 months SI in default of payment of fine), 3 years RI for offences punishable under 420/468/471 IPC, and fine
Suspension of conviction in criminal cases, especially for corruption, is only permissible in exceptional circumstances where irreversible harm can be shown.
The distinction between suspension of sentence and stay of conviction is critical; the latter requires exceptional circumstances, particularly in serious offences.
Suspension of a sentence does not equate to a stay of conviction; a convicted public servant cannot retain their position.
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....
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.
Conviction may be stayed if it leads to significant disqualification consequences, protecting the appellant's rights pending appeal.
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