DAYA NAND CHANDELA Vs. STATE

JUDGEMENT

(1.) Vide this order, I shall dispose of two applications filed by the appellant i.e. first application under Section 389(1) of CrPC read with Section 482 CrPC for suspension/stay of order of conviction and another one under Section 482 CrPC for seeking permission for contesting the forthcoming elections in the main petition i.e. Crl. Appeal No. 835/2010 which is pending adjudication.

(2.) The appellant was convicted by the Trial Court vide the impugned judgment dated 03.06.2010 under Sections 452/34 IPC and under Section 307/34 IPC. He was sentenced to undergo three years Rigorous Imprisonment (RI) for the offence punishable under Section 452/34 IPC along with fine of Rs. 10,000/- He was also sentenced to undergo three years R.I. for the offence punishable under Section 307/34 IPC along with fine of Rs. 50,000/- Both the sentences were to run concurrently. The appeal was admitted on 21.07.2010 and the sentence was suspended during the pendency of the appeal.

(3.) The appellant had earlier also filed an application for suspension/ stay of conviction vide Crl. M.A No. 19131/2014 which was, however, dismissed by this Court vide order dated 15.1.2015. The appellant is seeking suspension of the conviction on the ground that the appellant enjoys a high reputation in the political sphere. He was elected Councilor in the year 1997 and thereafter in 2002. He was, thereafter, elected as a Member of the Legislative Assembly (M.LA.) in the year 2003 and was further elected as M.L.A in the year 2008.