Tilak Raj vs State Of Punjab on 4 August, 2026

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    Punjab-Haryana High Court

    Tilak Raj vs State Of Punjab on 4 August, 2026

                      CRM M-42739 of 2026                                          1
    
    
    
    
                                   IN THE HIGH COURT OF PUNJAB AND HARYANA
                                                AT CHANDIGARH
    
                      147                         CRM M-42739 of 2026
                                                  Date of Decision: 04.08.2026
    
                      Tilak Raj                                                    ... Petitioner
    
                                                         Versus
                      State of Punjab                                          ... Respondent
    
    
                      CORAM : HON'BLE MR. JUSTICE N.S.SHEKHAWAT
    
                      Present :       Mr. Peeush Gagneja, Advocate
                                      for the petitioner.
    
                                      Mr. M.S. Bajwa, DAG, Punjab.
    
                      N.S.SHEKHAWAT, J. (Oral)
    

    1. The petitioner has filed the present petition under Section

    528 of BNSS, 2023 with a prayer to quash the order dated 28.07.2026

    SPONSORED

    passed by the Court of Sessions Judge, Fazilka in CRM-796-2026

    CNR No.PBFZC0-005277-2026 titled Tilak Raj versus State of

    Punjab; in FIR No. 45 dated 31.07.2018 registered under Sections

    279, 304-A, 427, 337 and 338 of IPC, (Sections 281, 106, 324 and

    125 of the Bharatiya Nyaya Sanhita, respectively), whereby, the

    application filed by the petitioner under Section 430 (1) of BNSS for

    suspension of conviction of the petitioner was dismissed.

    2. Learned counsel for the petitioner submits that the

    petitioner was serving on the post of Central Head Teacher in Village

    AMIT RANA
    2026.08.06 11:27
    I attest to the accuracy and
    authenticity of this
    judgement/order
    CRM M-42739 of 2026 2

    Pakka Kale Wala, Tehsil Jalalabad (W), District Fazilka. He was

    falsely involved in a case, FIR No. 45 dated 31.07.2018 registered

    under Sections 304-A, 337, 338, 427 and 279 of IPC at Police Station

    Amir Khas and was tried by the Court of Judicial Magistrate, First

    Class, Jalalabad. Ultimately, vide judgment and order dated

    12.10.2023 (Annexure P-2), the petitioner was held guilty for

    committing offence punishable under Sections 279, 304-A, 337, 338

    and 427 IPC and was sentenced to undergo rigorous imprisonment for

    a period of three months and to pay a fine of ₹1,000/-, and in default

    of payment of fine, to further undergo rigorous imprisonment for a

    period of 15 days for the offence punishable under Section 279 IPC.

    He was further sentenced to undergo rigorous imprisonment for a

    period of two years and to pay a fine of ₹5,000/-, and in default of

    payment of fine, to further undergo rigorous imprisonment for a

    period of one month for the offence punishable under Section 304-A

    IPC. For the offence punishable under Section 427 IPC, he was

    sentenced to pay a fine of ₹2,000/-, and in default of payment of fine,

    to further undergo imprisonment for a period of seven days. He was

    also sentenced to undergo rigorous imprisonment for a period of three

    months and to pay a fine of ₹500/-, and in default of payment of fine,

    to further undergo rigorous imprisonment for a period of 15 days for

    the offence punishable under Section 337 IPC. Further, for the offence

    punishable under Section 338 IPC, he was sentenced to undergo

    AMIT RANA
    2026.08.06 11:27
    I attest to the accuracy and
    authenticity of this
    judgement/order
    CRM M-42739 of 2026 3

    rigorous imprisonment for a period of six months and to pay a fine of

    ₹1,000/-, and in default of payment of fine, to further undergo

    rigorous imprisonment for a period of 15 days. Ultimately, the

    petitioner filed an appeal before the Court of Sessions Judge, Fazilka.

    During the pendency of the present appeal, the petitioner moved an

    application under Section 430 (1) of BNSS with the prayer to suspend

    the conviction on the ground that the petitioner wanted to contest an

    election for the purpose of member of Senate of Panjab University,

    Chandigarh, and the schedule for the said election has already been

    announced by the University. Even the petitioner had already obtained

    requisite permission from his department for contesting the aforesaid

    election, but due to the conviction by the trial Court, he was unable to

    contest the said election. Thus, the application was moved before the

    appellate Court for suspension of conviction of the present petitioner,

    which was wrongly declined.

    3. I have heard learned counsel for the petitioner and

    perused the record carefully.

    4. The issue regarding staying the conviction of a convict in

    a corruption case has been considered by the Hon’ble Supreme Court

    in the matter of State of Maharasthra through CBI, Anti Corruption

    Branch, Mumbai Vs. Balakrishna Dattatrya Kumbhar, 2012(12) SCC

    384; 2012(4) RCR (Criminal) 740, and held as follows:-

    AMIT RANA
    2026.08.06 11:27
    I attest to the accuracy and
    authenticity of this
    judgement/order
    CRM M-42739 of 2026 4

    “8. In K.C. Sareen v. Central Bureau of Investigation,
    Chandigarh
    , AIR 2001 SC 3320, this Court examined a
    case wherein a government servant who had been
    convicted under the provisions of the Prevention of
    Corruption Act
    would lose his job in the event that the
    conviction was not stayed. The Court held that when a
    public servant is found guilty of corruption by a Court,
    he has to be treated as corrupt until he is exonerated by
    a superior Court in appeal/revision. Mere stay of the
    conviction during the pendency of the appeal should not
    confer any benefit upon such an employee, for the
    reason that if such a public servant is permitted to hold
    office and to perform official acts (unless he is absolved
    from such findings by a superior Court), public interest
    may suffer tremendously. It may also impair the moral
    of other persons manning such office and may further,
    erode the confidence of the people in public institutions,
    besides of course, demoralising all other honest public
    servants.

    9. In State of Maharashtra v. Gajanan & Anr., 2004(1)
    RCR (Criminal) 317, 2004(2) Apex Criminal 209, this
    Court reiterated a similar view, placing reliance upon
    the judgment in K.C. Sarin (supra) and Union of India v.
    Atar Singh & Anr.
    , (2003) 12 SCC 434. In the latter
    case, this Court held that an order of conviction should
    not be suspended merely on the ground that non-
    suspension of such conviction may entail the removal of
    the government servant from service.

    10. In Ravikant S. Patil v. Savabhouma S. Bagali, (2007)
    1 SCC 673, this Court held as under:-

    AMIT RANA
    2026.08.06 11:27
    I attest to the accuracy and
    authenticity of this
    judgement/order
    CRM M-42739 of 2026 5

    “It deserves to be clarified that an order granting stay
    of conviction is not the rule but is an exception to be
    resorted to in rare cases depending upon the facts of a
    case. Where the execution of the sentence is stayed, the
    conviction continues to operate. But where conviction
    itself is stayed, the effect is that the conviction will not
    be operative from the date of stay. An order of stay, of
    course, does not render the conviction non-existent, but
    only non-operative…….All these decisions, while
    recognizing the power to stay conviction, have
    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.” (emphasis added)

    11. In Navjot Singh Sidhu v. State of Punjab & Anr.,
    2007(1) RCR (Criminal) 836: 2007(1) R.A.J. 310, this
    Court held that the Appellate Court can suspend “an
    order appealed against”, i.e. an order of conviction,
    only if the convict specifically establishes the
    consequences that may follow if the operation of the
    said order is not stayed. Stay of conviction must be
    granted only in a rare case and that too, only under
    special circumstances.
    (See also: State of Punjab v.
    Navraj Singh
    AIR 2008 (3), RCR (Criminal) 614:
    2008(4) R.A.J. 373: 2008 SC 2962; and CBI, New Delhi
    v. Roshan Lal Saini
    , AIR 2009 SC 755).

    12.XXXX XXXX XXXX

    13. The instant case is required to be examined in light
    of the aforesaid settled legal propositions. The relevant
    part of the impugned order reads as under:

    AMIT RANA
    2026.08.06 11:27
    I attest to the accuracy and
    authenticity of this
    judgement/order
    CRM M-42739 of 2026 6

    “As the applicant would suffer serious prejudice on
    account of order of dismissal, in my opinion, the
    applicant is justified in applying to this Court for
    suspending the order of conviction so that the
    Department shall not precipitate the matter further. The
    applicant through counsel fairly submits that relying on
    this order, the applicant will not claim further relief of
    setting aside the order of suspension which is already
    operating against the applicant passed by the
    Department on 1st November, 2007.”

    14. The aforesaid order is therefore, certainly not
    sustainable in law if examined in light of the
    aforementioned judgments of this Court. Corruption is
    not only a punishable offence but also undermines
    human rights, indirectly violating them, and systematic
    corruption, is a human rights’ violation in itself, as it
    leads to systematic economic crimes. Thus, in the
    aforesaid backdrop, the High Court should not have
    passed the said order of suspension of sentence in a
    case involving corruption. It was certainly not the case
    where damage if done, could not be undone as the
    employee/respondent if ultimately succeeds, could claim
    all consequential benefits. The submission made on
    behalf of the respondent, that this Court should not
    interfere with the impugned order at such a belated
    stage, has no merit for the reason that this Court, vide
    order dated 9.7.2009 has already stayed the operation
    of the said impugned order”

    5. In the present case also, the petitioner was convicted by

    the trial Court on 12.10.2023. After filing the appeal before the

    AMIT RANA
    2026.08.06 11:27
    I attest to the accuracy and
    authenticity of this
    judgement/order
    CRM M-42739 of 2026 7

    appellate Court, the present petitioner moved an application for

    suspension of conviction also. However, vide order dated 26th October

    2023, the appellate Court had declined the prayer made by the

    petitioner for staying the conviction of the petitioner. However, he

    preferred not to challenge the said order before this court. Now, again

    without disclosing the filing of the earlier application, another

    application was moved before the appellate Court for staying the

    conviction of the petitioner and on the ground of concealment of

    material facts, the prayer was declined by the appellate Court

    correctly. Even otherwise, I have carefully perused the facts of the

    present case and the petitioner has failed to make out an exceptional

    case in his favor for staying the conviction.

    6. Consequently, in view of above discussion and the law

    laid down by the Hon’ble Supreme Court, the present petition

    deserves to be dismissed by this Court.

    7. Dismissed.

    
    
    
                      04.08.2026                              (N.S.SHEKHAWAT)
                      amit rana                                       JUDGE
    
                                   Whether reasoned/speaking :           Yes/No
                                    Whether reportable         :         Yes/No
    
    
    
    
    AMIT RANA
    2026.08.06 11:27
    I attest to the accuracy and
    authenticity of this
    judgement/order
    



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