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CHATTISGARH HIGH COURT
, J
Golu alias Devendra Kumar – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. application for stay of conviction. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. criteria for granting stay of conviction. (Para 8 , 9 , 10 , 11) |
| 3. court's decision on lack of exceptional grounds. (Para 12 , 13 , 14) |
1. Heard learned counsel for the parties. This is an application for stay of conviction under S.389(2) of the Code of Criminal Procedure, 1973 ('Cr.P.C' for brevity).
2. The question falls for consideration is whether applicant No. 2 Golu alias Devendra Kumar is entitled for stay of conviction under S.389(2) of the Cr.P.C.
3. The applicant No. 2 has been convicted under S.447 and S.427 read with S.34 of the Indian Penal Code ('IPC ' for brevity) along with applicant No. 1 Laxmi Narayan Sao and sentenced to pay fine amount of Rs. 100/- for commission of offence under S.447 of the IPC and also sentenced to pay fine amount of Rs. 200/- and till rising of Court for commission of offence under S.427 read with S.34 of the IPC.
4. Criminal appeal filed by the applicants before the Court of Session, Raigarh, which was dismissed by judgment dated 29/04/2014.
5. Questioning the impugned judgment affirming their conviction for the offence punishable under S.447 and S.427
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