The appellate court can suspend a conviction if it leads to irreversible consequences, requiring careful consideration of the case's specific facts.

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 appeal, the appellant participated in the process for selection for appointment on the post of ECG Technician and he has been selected and appointed vide order dated 15.03.2024. Counsel submits that now the judgment of conviction will come in the way of the appellant in getting appointment on the post of ECG Technician, so under these circumstances his conviction be stayed till disposal of the appeal. In support of his contentions, he has placed reliance upon the following judgments passed by the Hon’ble Apex Court and by this Court :

1. Rahul Gandhi vs. Purnesh Ishwarbhai Modi and Anr. (Special Leave to Appeal (Crl.) No.8644/2023).

2. Navjot Singh Sidhu vs. State of Punjab reported in 2007 (2) SCC 574.

3. Arpit Jain vs. State of Rajasthan (SB Criminal Stay No.3278/2018).

4. Dr. Manju Dulet and Another vs. State of Rajasthan (SB Criminal Misc. Stay Application No.1365/2019).

5. Subhash Kholiya vs. State of Rajasthan (SB Criminal Misc. Stay Application No.1602/2017).

3. Counsel submits that in view of the submissions made herein above, appropriate orders be passed for staying the sentence of the appellant awarded by the trial Court.

4. Per contra, learned Public Prosecutor opposed the arguments raised by the counsel for the appellant and submitted that mere selection of the appellant on the post of ECG Technician is not a ground for seeking stay of conviction. Counsel submits that conviction of an accused can be stayed only in the rarest of rare cases and the appellant has failed to make out a special case for stay of his conviction, hence under these circumstances, the application is liable to be rejected.

5. Heard and considered the submissions made at Bar and perused the material available on the record.

6. At the outset, it is imperative to delineate the essential parameters that must be meticulously examined to determine whether a case can be made out for suspension of conviction under Section 389(1) of the CrPC. Section 389(1) enjoins upon the Appellate Court, the power to issue an order for the suspension of a sentence or an order of conviction during the pendency of an appeal. It may be thus of paramount importance to scrutinise the precise language of Section 389(1) of the CrPC, which is articulated as follows :

“S. 389(1) – Pending any appeal by a convicted person, the Appellate Court may, for reasons to be recorded by it in writing, order that the execution of the sentence or order appealed against be suspended and, also, if he is in confinement, that he be released on bail, or on his own bond.”

7. It becomes manifestly evident from the plain language of the provision, that the Appellate Court is unambiguously vested with the power to suspend implementation of the sentence or the order of conviction under appeal and grant bail to the incarcerated convi