The court established that it can stay a conviction to prevent disqualification and hardship, emphasizing the importance of individual circumstances.

ORDER

1. In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.

2. Learned counsel for the petitioner has referred to the judgment passed by Division Bench of this Hon'ble Court in the matter of Balbir Singh Vs. State of Rajasthan rendered in D.B. Criminal Misc. Stay Petition No.5252/2019 in D.B. Criminal Appeal No.136/2019 decided on 05.09.2019, relevant portion reads as under :-

"We have carefully gone through the judgments relied upon by the learned counsel for both the sides. Division Bench of this Court in Sushil and Anr. Vs. State of Rajasthan cited above had rejected the application moved by the applicant for suspension of his conviction holding that conviction could not be stayed on the ground that the applicant would lose his livelihood.

However, in the present case, facts are different. So far as applicant is concerned he was found innocent during investigation and was summoned by the trial Court under Section 193 Cr.P.C. Challan was presented against the husband of the deceased under Section 306 IPC and thereafter, charges were framed against the accused under Section 304-B IPC and 498-A IPC and in alternative under Section 306 IPC. It has been pointed that applicant does not have any criminal record. Applicant has been in service of Department of Telecommunications for the last 35 years. However, now applicant has received notice proposing punishment of dismissal on account of conviction earned by him in the present case. Sentence of the applicant has been suspended by this Court. In case, conviction of the applicant is not stayed/suspended, he might lose his job. It has been stated by the learned counsel for the applicant that the applicant will retire in July, 2020. Thus applicant is at the fag end of his career.

Keeping in view the facts and circumstances of the case, we are of the opinion that it would be just and expedient to stay/suspend the conviction of the applicant during the pendency of the appeal. Judgment relied upon by the learned counsel for the complainant fails to advance the case of the complainant as it is based on different facts.

Accordingly, application is allowed. Conviction of the applicant shall remain stayed/suspeneded during the pendency of the appeal."

3. Learned counsel for the petitioner has thereafter referred to the judgment of this Court passed in the matter of Gopendra Kumar Vs. State of Rajasthan (S.B. Criminal Misc. Stay Application No.1585/2021 in S.B. Criminal Appeal No.452/2021) decided on 05.03.2021. The order dated 05.03.2021 reads as under :-

"Applicant has moved a criminal miscellaneous stay application under Section 482 Cr.P.C. in which he prayed that the judgment of conviction order dated 22.02.2021 passed by learned Special Judge, Prevention of Children From Sexual Offences Act, 2012 and Commission for Protection of Child Right Act, 2005, Karauli in Sessions Case No.136/2018 (135/2016) (126/2016) (CIS No.136/2018) titled as State Vs. Gopendra Kumar be stayed.

It is contended by counsel for the applicant that the applicant is ticket collector in the Department of Railway. If the conviction of the applicant is not stayed, enquiry will be initiated against him and his services will be terminated. So, the conviction order passed by the learned Court below be stayed.

Counsel for the applicant has placed reliance on "Rama Narang vs. Ramesh Narang" (1995) 2 SCC 513 and "Jagdish Prasad vs. State of Rajasthan" 2013 SCC onLine Raj. 450, "Bhagwan Singh vs. State" 2009 WLC 575, "Shivlal vs. State of Rajasthan" 2007 (3) RCC 1039, "Murarilal vs. State of Rajasthan & Ors." 2009 (2) WLC 345 and "Navjot Singh Siddhu vs. State of Punjab" (2007) 2 SCC 574.

Learned Public Prosecutor has opposed the arguments advanced by learned counsel for the applicant.

I have considered the contentions raised by counsel for the parties.

Three Judges Bench of the Apex Court in "Rama Narang Vs. Ramesh Narang" Case (Supra)