Rajasthan High Court Stays Conviction Of Man Whose Appeal Is Pending Since 2013, Allows Him To Contest Panchayat Polls

The Rajasthan High Court has stayed the conviction of a man whose appeal against the conviction has been since 2013, allowing him to contest the upcoming Panchayat elections, provided he is otherwise eligible.

A single-judge bench of Justice Farjand Ali observed that the petitioner should not be denied the opportunity to contest the elections merely because his appeal has remained pending for years and is unlikely to be heard in the near future.

The petitioner was convicted in 2013 for offences including abduction and house-trespass and was sentenced to seven years of rigorous imprisonment. While his substantive sentence had been suspended earlier, he approached the High Court seeking a stay on the judgment of conviction, contending that discrepancies in the prosecution's evidence raised doubts about the sustainability of the conviction.

It was the case of the petitioner that the appeal was pending since 2013 and considering the voluminous pendency in the Court, there was no likelihood of the appeal being heard in near future. It was submitted that the petitioner was desirous of contesting the upcoming Panchayati Election and owing to conviction order, he was ineligible.

After hearing the contentions, the Court held that the power to stay the operation of conviction was an extraordinary one that should be exercised sparingly only in exceptional circumstances, and not mechanically merely because an appeal against conviction was preferred.

“The Court is required to examine the broad features of the case on merits, the prima facie sustainability of the conviction, and the specific consequences that may ensue if the conviction is not stayed.”

The Court highlighted material discrepancies and “gross conflict” in the testimony of a significant eye-witness and the statement of the victim. Further, the Court stated that one of the prime witnesses was not produced by prosecution. The Court further considered the record of the phone call made by the victim to the main accused, asking him to come and take her away.

In this background, the Court stated that there was a serious dent in the prosecution case that gave every chance of the petitioner to succeed in the appeal and get an acquittal. Further, the Court took into account petitioner's desire to contest the election, and held that he shall not be deprived only because the appeal was pending.

Accordingly, the petition was allowed, putting a stay on the conviction, and it was directed that the petitioner shall not be considered ineligible for contesting the elections for the sole reason of pendency of the appeal, if he otherwise was eligible.

Counsel for petitioner: Mr. Suresh Kumbhat; Mr. Nishant Bora; Mr. Sheetal Kumbhat

Counsel for respondent: Mr. NS Chandawat, Dy. G.A