SHIVAJIRAO MAHADEO AWALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel for the Appellant and learned additional PP for the State.

(2.) Prayer in this application is for suspension of conviction of the appellant imposed upon him by the learned additional sessions judge, Kolhapur in Session Case No. 85/19 vide judgment dated 18th September 2017 for the ofence punishable under Sections 120-B, 307, 332, 427, 504, 506 read with Section 149 of the Indian Penal Code and under Section 3 of Prevention of Damage to Public Property Act 1984. Appellant is sentenced to undergo rigorous imprisonment on diferent counts, however, maximum sentence imposed upon the Appellant is of fve years.

(3.) Against the said judgment, Appellant has preferred an Appeal No. 838/17 alongwith application being criminal application no. 1397/17 for suspension of sentence. Said application was decided in favour of Appellant by common order of this court passed on 11 th October 2017. Present application is required to be moved by the Appellant praying for suspension of conviction, in view of the fact of forthcoming State Assembly Election, which are scheduled to be held in the near future and as the Appellant is desirous to contest the same from 278 Hatkanangale Vidhansabha Constituency. He is unable to do so, in view of Provisions of Section 8 (3) of the Representation of the People Act 1951, as he is disqualifed from contesting the same as his conviction is over and above the period of two years. Learned counsel has thus contended that in view of above conviction applicant is not qualifed to contest the election, irrespective of the fact that he is a active social worker of a particular backward sanghatana participating in upliftment of poor people having concern for their social cause. In the background of above facts, it is therefore, prayed that his conviction be suspended pending appeal, so as to enable the Appellant to contest the forthcoming assembly election.