Suspension of conviction for electoral eligibility granted where refusal would cause irreversible prejudice and bar contesting elections.

Suspension of conviction under Section 389(1) CrPC is an exceptional appellate remedy, granted only where refusal would cause irreversible and uncompensable prejudice. Applying the relevant factors, including the gravity of the offence, antecedents, nature of consequences and the likelihood of early hearing, the Delhi HC found that the applicant's disqualification from contesting imminent elections would create such prejudice on the peculiar facts. The Court noted his long political career, advanced age and the near-term electoral timetable, and stayed the conviction during pendency of the appeal.

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Issues: Whether the conviction of the applicant should be stayed during pendency of the appeal so as to enable him to contest the forthcoming elections.

Analysis: The prayer was considered on the settled principle that suspension of conviction under Section 389(1) of the Code of Criminal Procedure, 1973 is an exceptional relief, to be granted only where refusal would cause irreversible consequences. The Court applied the factors recognised in precedent, including the gravity of the offence, the social impact, the applicant's antecedents, the nature of the consequences, and whether the harm could be compensated if the appeal ultimately succeeds. On the facts, the applicant had a long political career, was of advanced age, sought to contest imminent elections, and the appeal was not likely to be heard in the near future. The Court treated the resulting electoral disqualification and loss of the opportunity to contest as an irreversible consequence in the peculiar facts of the case.

Conclusion: The conviction was stayed during the pendency of the appeal and the application was allowed.

Ratio Decidendi: A conviction may be stayed in exercise of appellate powers where, on the peculiar facts of the case, refusal of stay would cause irreversible and uncompensable prejudice, including disqualification from contesting elections.

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