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PANKAJ BHANDARI
Satpal – Appellant
Versus
State of Rajasthan – Respondent
ORDER
1. Matter comes up on an application seeking stay of the judgment of conviction dated 25.06.2019 passed against the accused-appellant.
2. It is contended by counsel for the appellant that an application for suspension of sentence was allowed by the Court on 19.08.2019. However, now on the basis of the conviction, State has passed the order dated 18.02.2021, dismissing the appellant from the service. It is also contended that the appellant married the complainant on 02.11.2006 and a child was born out of the wed-lock in the year 2008. The Court below has convicted the appellant for offence under Section 498-A I.P.C. as well as for offence under Section 376 I.P.C. It is argued that if the conviction is for offence under Section 498-A of I.P.C., conviction under Section 376 I.P.C. cannot be sustained and vice-versa.
3. Counsel for the appellant placed reliance on 'Jagdish Prasad vs. State of Rajasthan' 2013 SCC Online Raj 450., 'Mahmood Khan vs. State of Rajasthan' (S.B. Criminal Misc. Stay Application No.6932/2017 in S.B. Criminal Appeal No.62/2009), 'Rama Narang vs. Ramesh Narang & Ors.' (1995) 2 SCC 513, 'Avinash vs. State of Rajasthan' (S.B. Criminal Misc. Stay Application No
A stay of conviction may be granted if the consequences significantly affect the accused's career, despite the nature of the offenses.
The court established that it can stay a conviction to prevent disqualification and hardship, emphasizing the importance of individual circumstances.
Conviction may be stayed if it leads to significant disqualification consequences, protecting the appellant's rights pending appeal.
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.
Stay of conviction requires exceptional circumstances and cannot be claimed merely on the basis of potential job loss.
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.
The distinction between suspension of sentence and stay of conviction is critical; the latter requires exceptional circumstances, particularly in serious offences.
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