The High Court at Aurangabad heard a stay application under Section 323 IPC. The Court held that no provision in the Criminal Procedure Code allows staying a conviction, rejected the application, and expedited the final hearing.
Application for stay of conviction rejected; case expedited for final hearing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
appln971.12
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FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 971 OF 2012 IN
CRIMINAL APPEAL NO. 401 OF 2003 (Rajkumar Dagdu Jadhav V/s The State of Maharashtra )
| Office Notes, |
Office | |
|---|---|---|
| Memoranda of | Coram, |
|
| appearances, |
Court’s |
Court’s or Judge’s orders |
| orders or directio Registrar’s orders |
ns and | |
| Mr. S.D. Tare holding for Mr. S.S. Choudhary, advocate for applicant. Mr. B.J. Sonawane, APP for respondent/State. |
||
| CORAM : T. V. NALAWADE, J. DATED : 15th June, 2012. |
||
| PER COURT : | ||
| 1. Application is filed for stay of the judgment and | ||
| order of conviction given by the Sessions Court for the | ||
| offence punishable under Section 323 of Indian Penal | ||
| Code. The applicant is sentenced to pay fine of Rs. | ||
| 1,000/-. For protection of his service, he wants stay to | ||
| the judgment of conviction. | ||
| 2. There is no provision in Criminal Procedure Code | ||
| allowing the Court to stay the conviction. It is not exceptional case. So, the application is rejected. |
||
| 3. On the request made by the advocate for the | ||
| applicant, the case is expedited. As the order is already | ||
| made for final hearing without paper book, the case is |
appln971.12
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fixed for final hearing on 19.06.2012. [ T. V. NALAWADE, J. ] sga/
1 issue framed by the court
Whether the High Court can stay a judgment of conviction of the Sessions Court under Section 323 IPC in an offence under the Criminal Procedure Code.
2 provisions across 2 enactments
Applicant (Rajkumar Dagdu Jadhav)
State of Maharashtra
T. V. Nalawade
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
