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PUSHPENDRA SINGH BHATI
Pushpa Devi @ Rani – Appellant
Versus
State – Respondent
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 :-
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
The court established that it can stay a conviction to prevent disqualification and hardship, emphasizing the importance of individual circumstances.
The court may allow a stay on conviction if the offense is of a private nature, lacks moral turpitude, and the petitioner offers reasonable compensation.
A stay of conviction may be granted if the consequences significantly affect the accused's career, despite the nature of the offenses.
Conviction may be stayed if it leads to significant disqualification consequences, protecting the appellant's rights pending appeal.
Stay of conviction requires exceptional circumstances and cannot be claimed merely on the basis of potential job loss.
A stay of conviction renders the conviction non-operative, preventing dismissal based on that conviction.
The appellate court can suspend a conviction if it leads to irreversible consequences, requiring careful consideration of the case's specific facts.
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