Single-judge application to stay conviction for MCOC charges to prevent election disqualification dismissed. Court held exceptional stay not warranted despite applicant seeking to contest municipal election.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.166 OF 2012 in
CRIMINAL APPEAL NO.527 OF 2006
Shri.Prakash Laxman Chavan .. Applicant V/s.
The State of Maharashtra .. Respondent
Mr.S.V.Kotwal with Mr.V.V.Purwant for the Applicant. Mr.S.A.Shaikh, APP for the State.
CORAM: R.G.KETKAR, J. DATE: 1st February, 2012.
P.C.
accused and Mr.Shaikh, learned APP for the State. By this application, the applicant is praying for stay of the conviction awarded by the learned Special Judge, Pune by the judgment and order dated 26.04.2006 passed in Special Case No.1 of 2003. The applicant was Accused No.1 in the said case and was prosecuted for the offences punishable under sections 399 and 402 of the Indian Penal Code, 1860; section 25 read with section 3 of the Arms Act; section 37 (1) read with section 135 of the Bombay Police Act and sections 3 (1)(ii), 3(2) and 3(4) of the Maharashtra
Control of Organized Crimes Act, 1999.
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be exercised only in a very exceptional and rare case, where nongrant of stay would lead to injustice and irreversible consequences.
(R.G.KETKAR, J.)
2 issues framed by the court
Whether a stay on conviction under Section 389 CrPC should be granted in an MCOC case considering irreparable consequences of election disqualification.
Whether the case constitutes an exceptional situation for granting stay on conviction under CrPC Section 389.
Colour shows how this judgement treated each authority
Ravikant S. Patil vs. Sarvabhouma S. BangaliReferred¶15
Ravikant S.Patil V/s.Sarvabhouma S.Bangali, (2007) 1 SCC 673 · Who else cites this
Navjot Singh Sidhu vs. State of PunjabReferred¶15
Navjot Singh Sidhu V/s.State of Punjab and Another, (2007) 2 SCC 574 · Who else cites this
State of Tamil Nadu vs. A. JaganathanRelied on¶19
State of Tamil Nadu V/s.A.Jaganathan, (1996) 5 SCC 329 · Who else cites this
1 provisions across 1 enactments
Shri.Prakash Laxman Chavan
The State of Maharashtra
R.G.KETKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
