HARI NARAYAN RAI Vs. DIRECTORATE OF ENFORCEMENT

JUDGEMENT

(1.) This interlocutory application has been filed by the petitioner- appellant under Sections 374(2) and 389(2) of the Code of Criminal Procedure, 1973, praying therein to stay the conviction and sentence, pending appeal besides for grant of bail dated 11.7.2017 under Section 389(1) Cr.P.C., in connection with conviction and order of sentence dated 30.01.2017 passed by the Special Judge, PMLA-cum-CBI/ACB, Ranchi, whereby, the petitioner- appellant has been convicted for the offence under Sections 3 and 4 of the Prevention of Money Laundering Act, 2002 (hereinafter to be referred as PMLA, 2002) and sentenced him to undergo R.I. for seven years for the offence under Section 4 of the PMLA, 2002. He was further directed to pay fine of rupees five lakhs and in default of payment of fine, the petitioner-appellant has also been sentenced to R.I. for 18 months.

(2.) Another interlocutory application bearing I.A. No. 2038 of 2017 was filed by this petitioner-appellant praying therein to suspend the sentence and release him on bail during pendency of this appeal. Considering the said interlocutory application, a Co-ordinate Bench of this Court vide order dated 11.7.2017 suspended the sentence of the petitioner-appellant on certain terms and conditions, mentioned in the aforesaid order.

(3.) Now the petitioner-appellant by moving this interlocutory application prays to stay the conviction. It is the case of the petitioner-appellant that because of this conviction, the petitioner-appellant is disqualified from contesting the forthcoming election of the Legislative Assembly of the State of Jharkhand. As the petitioner-appellant wants to contest the said election therefore, he prayed that the conviction may be stayed, as staying of conviction will mean that the conviction is kept in abeyance, as a result of which, he can contest the forthcoming election of Legislative Assembly, State of Jharkhand, without any hindrance.