Rakesh Dwivedi vs The State Of Madhya Pradesh
2024 Latest Caselaw 16234 MP

Madhya Pradesh High Court

Rakesh Dwivedi vs The State Of Madhya Pradesh on 30 May, 2024

Author: Anuradha Shukla

Bench: Anuradha Shukla

                                   1
            IN THE HIGH COURT OF MADHYA PRADESH
                         AT JABALPUR
                            CRA No. 8238 of 2022
                  (RAKESH DWIVEDI Vs THE STATE OF MADHYA PRADESH)

Dated : 30-05-2024
      Shri Aseem Trivedi - Advocate for the appellant.

      Shri Amit Garg - Panel Lawyer for the State.

      Reserved        on : 29.05.2024
      Pronounced on : 30.05.2024

      This application having been heard and reserved for orders, coming on

for pronouncement, this Court passed the following:
                                        ORDER

Arguments on I.A. No.23652/2023 have been heard in which a prayer has been made for a stay on the finding of conviction passed under the impugned judgment.

The arguments advanced in support of this application are exactly the same as were advanced on I.A. No.17501/2022, which was an application for suspension of sentence, and the order passed thereon dated 22.11.2022 has detailed description of said arguments, therefore this court is not inclined to

repeat them over here. The additional arguments vigorously submitted here is that the appellant is a Government servant and on account of this fallacious conviction he is put to prejudice, therefore till the decision of appeal the conviction should be set aside.

The application has been opposed by the State not only orally but also vide written objections.

The contentions raised herein relate to the merits of the case and these merits

can be examined meticulously only at the time of deciding the appeal. The entire application does not reveal what prejudice is caused to the appellant. He is convicted by a competent court and the grounds available to him for assailing the impugned judgment are not subject of an interim appreciation on facts and evidence.

It has been observed by the Hon'ble Apex Court in K. C. Sareen v. CBI, Chandigarh (2001) 6 SCC 584 that power to suspend conviction should be exercised by appellate or revisional court in very exceptional cases having regard to all aspects, including ramifications of such a suspension. Similar was the observation in State of Maharashtra through CBI, Anti-Corruption

Branch, Mumbai v. Balkrishna Dattatrya Kumbhar (2012) 12 SCC 384.

Accordingly, the application under consideration is dismissed. The matter be listed for final hearing in the month of January, 2025.

(ANURADHA SHUKLA) JUDGE

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Date: 2024.05.31 12:00:49 +05'30'