Rajendra Bharti vs The State Nct Of Delhi & Anr on 10 July, 2026

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    Delhi High Court

    Rajendra Bharti vs The State Nct Of Delhi & Anr on 10 July, 2026

                              *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                              %                                               Judgment Reserved on: 09.07.2026
                                                                              Judgment Delivered on: 10.07.2026
    
                              +      CRL.A.        328/2026   &    CRL.M.A.    10247/2026       &   CRL.M.A.
                                     10711/2026 & CRL.M.A. 10932/2026 & CRL.M.A. 14343/2026 &
                                     CRL.M.A. 17912/2026
                                     RAJENDRA BHARTI                                             .....Appellant
                                                          versus
                                     THE STATE NCT OF DELHI & ANR.                              .....Respondent
    
                              Memo of Appearance
                              For the Appellant:  Mr. P. Chidambaram, Senior Advocate with Mr. Abhik Chimni
                                                  with Ms. Pranjal, Mr. Ayan Dasgupta, Ms. Moksha Sharma,
                                                  Advocates
                              For the Respondent: Mr. Raj Kumar, APP for the State/R-1
                                                  Mr. Mohit Mathur, Senior Advocate with Mr. Manish Kumar, Mr.
                                                  Amitabh Narendra, Mr. Ashish Ranjan, Ms. Aparajita Jha, Mr.
                                                  Vignesh, Advocates for R-2
                                                  Mr. Dama Seshadri Naidu, Senior Advocate with Mrs. Rohini
                                                  Prasad, Mr. Prateek Kumar, Mr. Deepak Sharma, Mr. Devansh
                                                  Rai, Mr. Kumar Utsav, Mr. Ashish Shukla, Advocates
                              CORAM:
                              HON'BLE MR. JUSTICE MANOJ JAIN
                                                   JUDGMENT
    

    MANOJ JAIN, J

    1. The limited request of the appellant, at the moment, is to stay his
    conviction.

    SPONSORED

    FACTUAL BACKGROUND

    2. Let me narrate the factual background, albeit, in brief.

    3. A complaint was filed by District Co-operative Agriculture & Rural
    Development Bank, Datia, Madhya Pradesh alleging therein that, the then

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    Chairman of their bank i.e. appellant herein influenced bank officials to
    extend the term of a FD1 of Rs. 10 lacs from three years to fifteen years. It
    was done with the objective and intention to extend benefit to a Trust2 so
    that such Trust keeps on getting interest @ 13.5% per annum for additional
    twelve years. His mother Mrs. Savitri (since deceased) was the President of
    the aforesaid Trust.

    4. The aforesaid complaint under Section 200 Cr.P.C.3, filed way back in
    the year 2015. It was directed against appellant and his mother.

    5. After recording of pre-summoning evidence, when an application
    under Section 319 Cr.P.C. was filed, Mr. Raghuvir Sharan Prajapati (co-
    convict) was summoned as accused. He was, earlier, appearing as a witness
    in the aforesaid complaint case.

    6. As per allegations, appellant used his such influential position to
    pressurize the bank employees in order to facilitate unauthorized payment to
    such Trust, thereby causing wrongful financial loss to the Bank.

    7. Both the accused i.e. appellant herein and Mr. Prajapati were charged
    for offences u/s 420 IPC4, alternatively u/s 420/120B IPC; u/s 467 IPC,
    alternatively u/s 467/120B IPC; u/s 468 IPC, alternatively u/s 468/120B IPC
    and u/s 471 IPC or alternatively u/s 471/120B IPC. Mr. Prajapati was also,
    in addition to the above, charged u/s 409 IPC.

    8. As per the order passed by the Hon’ble Supreme Court in a Transfer
    Petition5 filed by the appellant himself, the aforesaid complaint case was,
    eventually, transferred to Delhi, with direction to conclude the trial in six

    1
    Fixed Deposit
    2
    Shri Shyam Sunder Public Unity & Community Development Organization Trust
    3
    Code of Criminal Procedure, 1973
    4
    Indian Penal Code 1860
    5
    Transfer Petition (Criminal) No.1120/2024; dated 07.10.2025

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    months.

    9. Learned Trial Court, after conclusion of trial, has held them guilty.

    10. Appellant has been convicted under Section 120B IPC r/w Sections
    420
    /467/468/471 IPC. As per order on sentence, he has been handed out
    Simple Imprisonment for a period of three years for the aforesaid penal
    provisions and has also been imposed fine of Rs. 1 lac, in default of payment
    of which, to undergo SI for a period of three months. Since, Bank in
    question, later on, went into liquidation, it was directed that the fine amount,
    if realized, would go as compensation to M.P. Rajya Sahkari Krishi Avem
    Gramin Vikas Bank Seemit, Bhopal.

    11. Order of conviction is dated 01.04.2026 and order on sentence is of
    02.04.2026.

    12. It needs to be emphasized that the order on sentence has already been
    suspended by the learned Predecessor Bench on 28.04.2026.

    13. As noted above, the issue for consideration is whether the appellant
    has been able to demonstrate any case for suspension of conviction or not.

    14. Reason behind moving such application is obvious.

    15. Appellant is an elected Member of Legislative Assembly from Datia
    Constituency of Madhya Pradesh.

    16. A bye-election to fill up the vacancies for three Assembly
    Constituencies, has been notified by Election Commission of India.

    17. Datia is, one of those, and is also to undergo poll.

    18. Such vacancy for Datia has fallen on account of disqualification6 of
    the appellant, consequent upon the aforesaid conviction and order on
    sentence.

    6

    Order of disqualification issued by Vidhan Sabha Sachivalaya is of 02.04.2026.

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    19. The Gazette Notification for holding bye-election has been issued on
    06.07.2026. The last date for nomination is 13.07.2026 and election is
    scheduled for 30.07.2026.

    SUBMISSIONS OF APPELLANT

    20. Mr. P. Chidambaram, learned Senior Counsel for the appellant
    submits that the appellant was an elected Member of Legislative Assembly of
    Datia, M.P. Datia Constituency and in view of impugned orders, he stands
    disqualified from the Membership of Legislative Assembly as per Article
    191(1)(e)
    of Constitution of India read with Section 8 of the Representation
    of People Act, 1951. He submits that appeal raises arguable and critical
    questions of facts and law, as the findings returned by the learned Trial
    Court are not sustainable at all. Impugned judgment being flawed, appellant
    would suffer irreparable injury if conviction is not stayed.

    21. He submits that law has evolved in this regard and appellate courts
    have ample power to suspend not only the sentence but the order of
    conviction also. The crucial determining and decisive factors, for the
    abovesaid purpose, would include factual aspects of given case, gravity of
    the alleged offences, criminal antecedents of any such individual and wider
    social impact. Reliance is placed upon Afjal Ansari vs. State of U.P.7, Abbas
    Ansari vs. State of U.P.8
    , Dilip Ray vs. Central Bureau of Investigation,9
    Mohammad Azam Khan
    vs. Election Commission of India & Ors 10. and
    Rajesh Shantilal Adani and Another vs. State of Maharashtra and Another11.

    22. Mr. Chidambaram submits that in the case in hand, all such conditions

    7
    (2024) 2 SCC 187
    8
    2025 SCC OnLine All 5119
    9
    2024 SCC OnLine Del 2522
    10
    Writ Petition (Civil) No. 980/2022
    11
    2025 SCC OnLine Bom 610

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    co-exist, which necessitates immediate stay on conviction so as to ensure
    that there is no irreversible damage. He asserts that though final arguments
    would be advanced at a later stage, a cursory glance over the record and
    impugned judgment would make it evident that the investigation was tainted
    and motivated and there is no legally admissible evidence on record. He
    states that conviction is based on statement of co-accused, which was, even
    otherwise, subsequently retracted. Relying on Rajesh Shantilal Adani
    (supra), he contends that since substantive charges could not be proved,
    there was no occasion for the learned Trial Court to have held him guilty for
    the same very offences, even if these were to be invoked in conjunction with
    offence of conspiracy.

    RIVAL STAND

    23. All such contentions have been refuted.

    24. Mr. Mohit Mathur, learned Senior Counsel for respondent No. 2
    (complainant Bank) submits that there is no reason, much less a compelling
    one to stay the order of conviction. He argues that appellant, who besides
    being a sitting MLA was also Chairman of the complainant Bank, misused
    his position and caused wrongful loss to the Bank and, consequently,
    wrongful gain to a Trust, owned by his family. Thus, by the act in question,
    he, unmistakably, tried to enrich himself and his family.

    25. He submits that co-convict had, voluntarily, divulged all details on
    affidavit and since thereafter he retracted, the Bank was left with no option
    but to move an application under Section 319 Cr.P.C. and it was thereupon
    that not only he was summoned as accused but was even held guilty. He
    submits that the aspect of criminal conspiracy, and forging the record and
    causing wrongful loss to the bank in consequence to such conspiracy is writ

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    large and was duly proved.

    26. While referring to Trial Court Record and impugned judgment, he
    contends that the appellant has made a futile attempt to trivialize the entire
    issue. He states that the learned Trial Court found him guilty for committing
    criminal conspiracy for serious offences like cheating and forgery which are
    evidently offences involving moral turpitude. Relying on The State Bank of
    India & Others vs. P. Soupramaniane12
    , he contends that to assess whether
    the offence involves moral turpitude or not, the Court has to see whether the
    act in question could, inter alia, shock the moral conscience of the society in
    general or not. The appellant was at the helm of the affairs of the Bank and
    it was only at his instructions and the influence exerted by him that the bank
    records were tinkered and forged. The beans had earlier been spilled by his
    co-convict Mr. Parjapati, who, categorically, divulged everything on
    affidavit against him and merely because, subsequently, he retracted, his
    earlier statement would not get effaced. The contention that appellant could
    not have been held guilty for committing conspiracy without being held
    guilty for the substantive offences, is, according to Mr. Mathur, nothing but
    a fallacious one.
    He submits that learned Trial Court was fully justified in
    relying upon Sheila Seastian vs. R. Jawaharaj13 as in that case also, though
    forgery had been committed in terms of conspiracy, there was nothing to
    indicate that the concerned accused was himself responsible for the same so
    as to make him “maker” of such document.
    Relying on Bimbadhar Pradhan
    vs. State of Orissa14
    and State of Madhya Pradesh vs. Sheetla Sahai and

    12
    Civil Appeal No. 7011/2009
    13
    (2019) 7 SCC 581
    14
    (1956) 1 SCC 349

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    Ors.15, he asserts that criminal conspiracy is a standalone and independent
    offence and, therefore, there is no illegality in the impugned order.
    Referring to Antony Raju vs. State of Kerala & Anr.16, it is stated that
    application of appellant needs to be dismissed, outrightly, as he has failed to
    indicate any palpable, manifest and apparent error in the impugned
    judgment.

    27. Lastly, Mr. Mathur also submits that the process of mid-term poll has
    already been initiated, which now cannot be reversed.

    28. Mr. Raj Kumar, learned Addl. P.P. for State/R-1 has also echoed the
    same and his arguments are also same and similar.

    ANALYSIS AND DISCUSSION

    29. Undeniably, in a given situation, order of conviction can be stayed but
    at the same time, such use of power has to be under exceptional
    circumstances.

    30. Instead of rule, it is more of an exception.

    31. Undoubtedly, Section 389 Cr.P.C. provides a statutory remedy and
    the Court has ample power to suspend sentence. However, with the passage
    of time, the principle of suspension of conviction has also evolved. Any
    sentence, as would be evident, flows from the order of conviction only. If
    the order on sentence is stayed, such order becomes non-operational, albeit,
    temporarily, thereby entitling any such accused to come out of the jail, if
    inside. Whereas, exercise of power to direct suspension of order of
    conviction is on a higher pedestal. If order of conviction is stayed, naturally,
    sentence would get stayed, automatically. In Rama Narang vs. Ramesh

    15
    Crl. Appeal No. 1417/2009
    16
    2026 SCC OnLine Ker 3573 (Upheld by the Hon’ble Supreme Court on 27.04.2026)

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    Narang and Others17, three Judges Bench of the Supreme Court recognized
    the power vested with the Appellate Court to suspend even an order of
    conviction by observing that there was no reason to give a narrow
    interpretation to Section 389 Cr.P.C. and to not extend it to an order of
    conviction in a fit case. Thus, the scope of Section 389 Cr.P.C. has been
    enlarged and widened with the aforesaid evolution of law but at the same
    time, it is the duty of the Court to maintain due caution while exercising
    such jurisdiction which is extraordinary in nature.

    32. Obviously, once any order of conviction, which incorporates the
    reasons for holding someone guilty, is stayed, any disqualification attached
    with such guilt is also bound to be stayed and, therefore, exercise of such
    power needs to be done with utmost circumspection.

    33. Reference be made to K.C. Sareen v. CBI18, Chandigarh wherein it
    has been observed as under: –

    “11. The legal position, therefore, is this: though the power to suspend an
    order of conviction, apart from the order of sentence, is not alien to
    Section 389(1) of the Code, its exercise should be limited to very
    exceptional cases. Merely because the convicted person files an appeal in
    challenge of the conviction the court should not suspend the operation of
    the order of conviction. The court has a duty to look at all aspects
    including the ramifications of keeping such conviction in abeyance. It is in
    the light of the above legal position that we have to examine the question
    as to what should be the position when a public servant is convicted of an
    offence under the PC Act. No doubt when the appellate court admits the
    appeal filed in challenge of the conviction and sentence for the offence
    under the PC Act, the superior court should normally suspend the sentence

    17
    (1995) 2 SCC 513
    18
    2001 SCC OnLine SC 893

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    of imprisonment until disposal of the appeal, because refusal thereof
    would render the very appeal otiose unless such appeal could be heard
    soon after the filing of the appeal. But suspension of conviction of the
    offence under the PC Act, dehors the sentence of imprisonment as a sequel
    thereto, is a different matter.”

    34. In Ravikant S. Patil v. Sarvabhouma S. Bagali19 while recognising the
    power to stay conviction, Hon’ble Supreme Court has cautioned and
    clarified that such power should be exercised only in exceptional
    circumstances where failure to stay the conviction would lead to injustice
    and irreversible consequences.

    35. Afjal Ansari vs. State of U.P. (supra) sums up the factors relevant for
    consideration of any such request. The majority view goes on to hold that
    the very notion of irreversible consequences is centered on factors, including
    the individual’s criminal antecedents, the gravity of the offence with
    emphasis on moral turpitude, and its wider social impact, while
    simultaneously considering the facts and circumstances of the case. It
    observed that societal interest was an equally important factor which ought
    to be zealously protected and preserved by the Courts and it was, thus, held
    that it would be appropriate for the Courts to balance the interests of
    protecting the integrity of the electoral process on one hand while also
    ensuring that the constituents are not bereft of their rights to be represented,
    merely based on a threshold opinion which is open to further judicial
    scrutiny.

    36. In Antony Raju (supra), the conviction was for offences under
    Sections 120-B, 420, 201, 193, 217 r/w Section 34 IPC and when an appeal

    19
    2006 SCC OnLine SC 1214

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    was preferred before the Sessions Court, the concerned accused prayed for
    suspension of conviction. Such application was dismissed on 17.02.2026
    which was impugned before Kerala High Court. Petitioner therein also was a
    sitting Member of Legislative Assembly and while arguing that there was
    dearth of evidence in the matter and if conviction was not stayed, he would
    not get opportunity to contest the election due to interdiction contained in
    Section 8 of Representation of Peoples Act, 1951. It was also agitated that
    denial of opportunity would visit him with irreversible consequences and
    hardship. Such argument was countered by claiming that there was sufficient
    material to uphold the conviction and that right to contest election was not,
    even otherwise, a fundamental right and, therefore, suspension was not
    warranted, unless the impugned judgment suffered from a perceivable
    serious infirmity. Hon’ble Kerala High Court, eventually, did not find any
    serious infirmity and illegality in the impugned judgment and observed that
    when it comes to suspension/stay of conviction, in the context of interdiction
    under Section 8 of Representation of Peoples Act, 1951, Courts of law
    should be slow and doubly cautious in ensuring that such suspension is
    granted only in benefiting cases since it, virtually, overturns a statutory
    mandate. Relevant observations read as under : –

    “……..

    11. Now, this Court will look into the special requirements of suspension
    of conviction. Relying on Rama Narang (supra), the Supreme Court held
    in A. Jaganathan (supra), that conviction can be suspended only if, non-
    grant of such relief would result in damage which could not be undone, if
    the appeal is ultimately allowed. Trifling matters, involving slight
    disadvantage to the convicted person, cannot be recognised for the
    purpose of suspension of conviction.
    In K.C. Sareen (supra), it was held
    that the power to suspend the conviction, traceable to Section 389 CrPC,
    should be exercised in very exceptional cases. The Court has to look into
    all aspects, including the ramification of keeping such conviction in
    abeyance.
    K.C. Sareen (supra) ultimately held that, when conviction is on

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    corruption charges against a public servant, the Order of conviction
    cannot be suspended, pending Appeal. Gajanan (supra) restated that
    suspension of conviction can only be in exceptional cases. In Ravikanth S.
    Patil
    (supra), the Supreme Court summarized the legal position and
    cautioned that the power has to be exercised only in exceptional
    circumstances, where failure to stay the conviction would lead to injustice
    and irreversible consequences.
    In Balakrishna Duttatrya Kumbhar
    (supra), the Supreme Court held that the applicant must satisfy the Court
    the evil which is likely to befall, if the conviction is not suspended. In Afjal
    Ansari
    (supra), a three Judges Bench of the Supreme Court was divided in
    their opinion. Per majority, it was held that the peculiar facts of each case
    will be the primary factor to be looked into. The likelihood of injustice or
    irreversible consequences centered on factors including the criminal
    antecedents, the gravity of the offence, its wider social impact, etc. were
    also taken stock of. In that case, the Supreme Court undertook a prima
    facie analysis of the merits of the judgment of the trial court, to hold that
    there is no cogent evidence to establish that the appellant therein was
    indulging in antisocial activities and crimes. Absence of corroborative
    evidence that the appellant was responsible for influencing witnesses, etc.
    was also taken into consideration. The Supreme Court went on to hold that
    the conviction, if allowed to operate, would lead to irreparable damage,
    which cannot be compensated in any monetary terms or otherwise, on the
    event of his acquittal later. That, by itself, carves out an exceptional
    situation, is the finding. The specific issue of the applicant’s right to
    contest in the general election is seen considered in paragraph No. 17 of
    the judgment. The effective disqualification, which may go up to a period
    of ten years, was taken stock of as a relevant criteria falling under the
    potential ramification to suspend the conviction. The fact that, unless the
    conviction is stayed, the appellant therein would face disqualification in
    the teeth of Section 8 of the Representation of the People Act was taken
    stock of. Ultimately, the Supreme Court, per majority judgment held that
    since the appeal raises significant legal and factual issues, the appellant’s
    future cannot be left hanging in the balance solely due to the conviction.

    The conviction was suspended and the trial was directed to be expedited.

    12. Having referred to the broad parameters of legal consideration for
    suspension of conviction as propounded in the above dicta, this Court will
    now address the specific issues involved in this case.

    13. Although several grounds have been canvassed to attack the judgment
    of conviction, it is trite that this Court cannot re-appreciate the evidence
    at this stage. As held in Rama Narang (supra), Sidhartha Vashisht (supra)
    and Omprakash Sahni (supra), what could be looked into at this stage is a
    palpable, manifest and apparent error in the judgment, so gross on the
    face of the record, which, in turn, may render the judgment vulnerable for

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    interference when the criminal appeal is finally heard. Even the above
    exercise can only be within the parameters of ascertaining whether the
    petitioner/accused has a fair chance of acquittal ultimately. Therefore, the
    following two major aspects espoused by the learned Senior Counsel are
    taken up for consideration, solely to ascertain whether the judgment
    suffers from a manifest illegality, capable of casting a cloud on its
    sustainability.

    ………….

    ………….

    21. Now, coming to the irreversible consequence, specifically espoused for
    the purpose of suspension/stay of conviction, it requires to be noticed that
    a recent judgment of Supreme Court in Afjal Ansari (supra) recognised –
    to a considerable extent – that depriving the right of the accused to
    represent his constituency; the right of the constituency of its legitimate
    representation in the legislature; and the embargo on the accused to
    contest for future elections constitute irreversible consequences. However,
    the first two situations hardly arises in the instant case, since on facts, the
    period of the elected representatives had almost expired and a fresh
    election is at the doorstep. Therefore, there arises no serious question of
    the petitioner/A2 being deprived of his right to represent the constituency,
    or for that matter, the constituency being deprived of its representation.
    What is more significant to be considered is the interdiction to contest
    future elections as per Section 8(3) of the R.P. Act, 1951.

    22. Here, a distinction is liable to be drawn as between consequences
    which follows as a result of a statutory mandate; and other consequences.
    In the case of the former, the consequence is the very result created by the
    statute makers, after due deliberation, in accord with the due process; and
    hence it is doubtful, whether such a consequence can be propounded as
    constituting sufficient cause for suspension of conviction under Section
    389
    CrPC Secondly, this Court may have to observe that a statutory
    mandate in terms of Section 8(3) of the R.P. Act, has to be respected and
    cannot be overturned by judicial interference, except to the limited extent
    permissible by law and that too, for weighty and lofty reasons. One cannot
    loose sight of the fact that the interdictory mandate under Section 8(3) of
    the R.P. Act carries a definite purpose of keeping aloof from public life,
    those persons whose credibility has been stained and tainted by a
    conviction for specified offences or a sentence for a period more than two
    years. To ensure purity of persons dabbling in public and political affairs
    is the enviable object sought to be protected. The interpretation, for the
    purpose of suspension of conviction, should necessarily sync with the
    above laudable object. When the law is settled, that suspension/stay of
    conviction, can only be in exceptional circumstances – as held in a catena
    of decisions already referred above – I am of the opinion that, when it

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    comes to a suspension/stay of conviction, in the context of the interdiction
    under Section 8(3) of the R.P. Act, Courts of law should be slow and
    doubly cautious in ensuring that such suspension/stay is granted only in
    befitting cases, since it virtually overturns a statutory mandate.

    23. Here, this Court also has to take stock of the legal position that the
    initial presumption of innocence in favour of an accused is no longer
    available, once he/she is convicted by a competent criminal court [see in
    this regard Sidhartha Vashisht (supra) – quoted with approval in a recent
    judgment of the Supreme Court in Rajendra Sadashiv Nikalje (supra)].
    There cannot be any quarrel that a person convicted of an offence cannot
    enjoy and exercise all the civil rights of an ordinary citizen. Necessary
    fetters in terms of law is an inevitable consequence of conviction.

    24. Having held so, I am of the definite opinion that a “very exceptional
    circumstance” – as consistently coined in Ravikant S. Patil (supra),
    Gajanan (supra), K.C. Sareen (supra) and Duttatrya Kumbhar (supra) –
    should necessarily be borne out from the judgment impugned itself, that is
    to say, a palpable perversity or patent unreasonableness writ large on the
    face of the impugned judgment.
    The following excerpts from Omprakash
    Sahni (supra) is apposite in this regard, though held in the context of
    suspension of sentence:

    “33….. However, while undertaking the exercise to ascertain
    whether the convict has fair chances of acquittal, what is to be
    looked into is something palpable. To put it in other words,
    something which is very apparent or gross on the face of the
    record, on the basis of which, the court can arrive at a prima facie
    satisfaction that the conviction may not be sustainable……”

    Therefore, it is neither in the interest of law, nor in public interest to
    stay/suspend a conviction merely for the reason that the accused is an
    M.L.A. or an M.P. and that his future chances of contesting election is in
    jeopardy. Such jeopardy is nothing but a statutory legal consequence,
    emanating from the judgment of conviction, duly entered into by a
    competent court, in accord with the due process of law. Therefore, in the
    absence of a serious infirmity or a fundamental flaw, probabilising
    preponderently a possible interference with the judgment, ultimately
    leading to the acquittal of the accused, the judgment of conviction is not
    liable to be stayed/suspended. The existence of such a manifest and
    palpable error, gross on the face of the record, in the instant facts, has
    already been negated.”

    37. Undoubtedly, if the conviction is not stayed, bye-election for Datia

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    Constituency shall be held, as per the notified schedule.

    38. Question is whether such factor, in itself, is compelling enough to
    suspend the order on conviction.

    39. The answer has to be in negative.

    40. Reason is obvious.

    41. Hardship has to be individual-centric i.e. specific to an individual.

    42. A general and omnibus fallout cannot be taken as a case of individual
    hardship.

    43. Once any such elected representative is held guilty, he automatically,
    in view of the legislative mandate, incurs disqualification, which, in turn,
    can result in bye-election if the remainder period is substantial one. Thus,
    any elected representative, in such a situation, would come up with a similar
    prayer and, therefore, aspect related to irreversible consequence would,
    generally speaking, be inherent. Viewed thus, the hardship is not classic to
    an individual, but a universal and omnibus one, touching the entire class.
    Such hardship is, thus, not for the appellant alone and would be true for all
    others who held the seat and on pronouncement of guilt stand disqualified
    and, therefore, in such a situation, the factual matrix of any given case
    becomes the most dominant factor.

    44. With the able assistance of learned counsel for both the sides, this
    Court has gone through the relevant record and impugned judgment. The
    same has been seen in the backdrop of rival contentions.

    45. Indubitably, at the moment, there is no in-depth inquiry as
    comprehensive arguments on the main appeal are yet to be advanced, but a
    humble scrutiny does not reveal any palpable or manifest error in the
    impugned judgment, suggesting findings of guilt to be absolutely

    Signature Not Verified
    Signed By:SONIA
    THAPLIYAL
    CRL.A. 328/2026 Page 14 of 16
    Signing Date:10.07.2026
    20:25:52
    unsustainable or unconscionable. The Trial Court Record has been received
    which also contains the documents said to have been forged. What emerges
    is that FD created for tenure of three years, came to be altered in stages, first
    to ten years, and in due course to fifteen. It is the prosecution’s case that the
    Trust, at the instance of the appellant and in conspiracy with his co-accused,
    in a very systematic and calculated manner, continued to draw interest
    wrongfully, thereby benefiting the appellant and his mother. The interest
    @13.5% was drawn, year after year, for a stretch of thirteen years, from
    1999 to 2011, long after the FD’s original three-year term had come to an
    end. Reliance has also been placed on the fact that co-convict Prajapati, who
    is said to have physically carried out these alterations, had himself, in a
    departmental reply and a notarized affidavit given years before he was made
    an accused, admitted to making the alterations and stated that he did so at
    the instance of, and for the benefit of, his co-accused i.e. appellant herein
    and his mother Savitri (since deceased). Such co-accused-Prajapati has been
    held guilty for substantive offences under Sections 467, 468 r/w Section
    120B
    IPC and also for Section 120B r/w Sections 420/467/468/471 IPC.

    46. Thus, factual matrix, when analyzed on surface level, does not
    persuade this Court to stay the order of conviction. No manifest illegality or
    perversity, gross on the face of the record, so as to call for any interference,
    at least, at this juncture.

    47. Of course, the appellant does not have any prior involvement but the
    facts presented before this Court do indicate that he abused his position and
    failed to repose the faith that the people had in him. He was holding dual
    responsibility. Besides being an elected representative, he was also
    Chairman of the Bank in question. Despite the same, with apparent vested

    Signature Not Verified
    Signed By:SONIA
    THAPLIYAL
    CRL.A. 328/2026 Page 15 of 16
    Signing Date:10.07.2026
    20:25:52
    interest, he influenced the bank officials so that his own family Trust is
    benefited. He has been held guilty for committing conspiracy related to
    serious offences of forgery and cheating. These cannot be disregarded or
    sidelined while taking prima facie view of the matter as these offences have
    clear semblance to those concerning moral turpitude. Staying the conviction,
    in the present factual scenario, would rather frustrate the very purpose, spirit
    and objective behind incorporation of Section 8 of Representation of
    Peoples Act, 1951.

    48. Viewed thus, the present application seeking suspension of conviction
    is, hereby, dismissed.

    49. Needless to emphasize, observations appearing hereinabove are
    tentative in nature and shall not prejudice the mind of this Court while
    hearing final arguments in the main appeal.

    (MANOJ JAIN)
    JUDGE
    JULY 10, 2026/dr/js/sa

    Signature Not Verified
    Signed By:SONIA
    THAPLIYAL
    CRL.A. 328/2026 Page 16 of 16
    Signing Date:10.07.2026
    20:25:52



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