Dattu Devram Koli vs The State Of Maharashtra on 9 December, 2021
In support, the learned Special Public Prosecutor has
tendered across the bar a decision of this Court in the case of
Narayanlal Mansaram Rawal vs. Union of India and Anr. 1 which
was a similar case of an application for suspension of conviction of
the applicant - accused for the offence under the Prevention of
Corruption Act, which decision refers to the Supreme Court
decision in the case of Ravikant S.Patil vs. Sarvabhabhouma S.
Bagali2, wherein a 3 Judge Bench of the Apex Court held that the
power to stay conviction should be exercised only in exceptional
circumstances where failure to stay would lead to injustice and
irreversible consequences. He refers to paragraph 10 thereof to
submit that unless the attention of the Court is drawn to specific
consequences that would follow on account of conviction, the
convict cannot obtain an order of stay of conviction and that grant
of stay of conviction is to be resorted to in rare cases depending
upon the special facts of the case, which he submits do not exist in
applicant's favour in the present case. Paragraph 10 referred to
above is usefully quoted as under: