DEVI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused-appellant Devi Singh has filed this stay application under Section 389(1) Cr.P.C. for staying conviction imposed on him by the trial court vide judgment and order dated 16.11.2010.

(2.) The appellant was tried alongwith ten others by the Court of Additional District and Sessions Judge (Fast Track) No.3, Bharatpur Headquarter, Bayana in Sessions Case No.111/2008 for the charges under Section 148, 353, 332, 307, 307/149 IPC and 3/25 Arms Act. However the accused-appellant Devi Singh was convicted under Section 148 IPC and sentenced to 2 years rigorous imprisonment and a fine of Rs.500/- and further convicted under Section 332 IPC and sentenced to 3 years rigorous imprisonment and a fine of Rs.500/-, under Section 353 IPC and sentenced to 1 year rigorous imprisonment and a fine of Rs.100/- and Section 3/25 Arms Act and sentenced to 1 year simple imprisonment and a fine of Rs.250/-. The appellant was granted bail by this Court on 13.12.2010. Thereafter the appellant has filed an application for staying judgment of conviction dated 16.11.2010 passed by the trial court.

(3.) The learned counsel for the appellant has contended that the accused-appellant is innocent. The appellant wants to contest the election of Sarpanch at Gram Panchayat Bangaspura, District Bharatpur. It has been further averred if the conviction is not stayed it will deprive him from contesting the election of Sarpanch. In these circumstances, it is in the interest of justice to stay the operation of the impugned judgment of conviction.