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BIREN VAISHNAV, PRANAV TRIVEDI
Senma Somabhai Sendhabhai – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
BIREN VAISHNAV, J.
1. This appeal under Clause 15 of the Letters Patent challenges the oral order dated 22.09.2023 passed by the learned Single Judge. The appellant was the original petitioner who had filed the petition with a prayer to quash and set aside the order dated 01.07.2022 passed by the State dismissing the petitioner from service. The learned Single Judge dismissed the petition. Hence, the appeal.
2. Facts in brief are as under:
2.2 The petitioner was working as a Deputy Mamlatdar. A criminal case was registered at the Bhuj-ACB Police Station being C.R. No.6 of 2009 on 17.06.2009 for offences under Section 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988. On being arrested, the petitioner was released on bail but was placed under deemed suspension. He was however reinstated in service by order dated 30.11.2010.
2.3 By judgement dated 05.07.2014, passed by the learned Special (ACB), Judge, Bhuj-Kutch, in Special Case No.(ACB) 12 of 2010, the petitioner was convicted for the said offences and was sentenced to simple imprisonment of two and half years and fine of Rs.15,000/-. A crimina
The distinction between suspension of sentence and stay of conviction is critical; the latter requires exceptional circumstances, particularly in serious offences.
Suspension of conviction in criminal cases, especially for corruption, is only permissible in exceptional circumstances where irreversible harm can be shown.
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....
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.
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....
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