NIHAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties on the stay application filed on behalf of the accused applicant- appellant Nihal Singh.

(2.) Mr. Biri Singh, learned advocate appearing for the applicant has vehemently contended that the applicant is inclined to contest the election in the ensuring Panchayat elections. Learned counsel contended that the applicant was convicted for offence under Sections 148, 325/149, 323/149, 447 and 304 Part II IPC. The sentence awarded to him has already been suspended by this Court on 8.7.2004, but still he would not be eligible to contest the election as conviction is a disqualification under the Rajasthan Panchayat Raj Act, 1994 to contest the election as a Panch or a member for a period of six years from the date of conviction. The petitioner is a social worker and has been actively involved in social work since long and therefore, it would be in the interest of justice that judgment of conviction should be stayed.

(3.) I have considered the above submissions. This court in S.B. Criminal Appeal No. 683/99 Rishikesh Vs. State of Rajasthan , after considering the provisions of Rajasthan Panchayat Raj Act, 1994, stayed the conviction of the appellant vide order dated 12.1.2005. Considering the provisions of section 389(1) Crimial P.C., the Division Bench of this Court in Kanhaiya Vs. State of Rajashtan (2001 (3) WLC (Raj.) 411 ) have observed that where the effect of order of conviction entails disqualification from contesting the election or termination from the services, the appellate court on the specific request made in this regard by the convict, may suspend the conviction after assigning the reasons. The appellate court may suspend the order of conviction under Sec. 389(1) Cr.RC. where it is capable of execution.