36. APPA 1000 of 2025.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APPA) NO.1000/2025 IN CRIMINAL APPEAL NO.280/2024 Raju S/o Shalikram Awje ...Versus… State of Maharashtra, through Police Station Officer, Police Station Ramtek, Nagpur - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Mr. P.N. Naukarkar, Advocate h/f Mr. S.R. Kadam, Advocate for appellant Mr. K.R. Lule, APP for respondent CORAM : MEHROZ K. PATHAN, J. DATE : 10/09/2026 1. Learned Counsel for the appellant submits that the present application is filed for stay of conviction of the appellant, who is convicted for the offence punishable under Section 7 of the Prevention of Corruption Act, 1988 for a period of four years and under Section 7-A for a period of three years. 2. The present application is filed for stay of conviction, as the appellant/applicant is out of service, pursuant to his conviction, as the applicant was dismissed pursuant to his conviction. The applicant’s family, consisting of a wife and two sons, is suffering from financial crunch as he is out of service. Learned Counsel for the applicant, therefore, prays for stay of the conviction, imposed by the learned Additional Sessions Judge-9, Nagpur vide the judgment and 2026:BHC-NAG:12260 36. APPA 1000 of 2025.odt 2 order dated 04/05/2024. 3. Mr. Lule, learned Additional Public Prosecutor for the respondent, on the other hand, strongly opposes the application on the ground that the Hon’ble Supreme Court in the case of K.C. Sareen Vs. CBI, Chandigarh, reported in (2001) 6 SCC 584 has observed that though the sentence may be suspended, the conviction of the appellant cannot be suspended and the power to suspend the conviction should be exercised by Appellate or Revisional Court in very exceptional cases having regard to all aspects including ramification of such suspension. 4. Taking into consideration the law laid down by the Hon’ble Supreme Court in the case of K.C. Sareen (supra), particularly paragraph Nos.12 and 13, the learned Counsel for the applicant/appellant seeks liberty to withdraw the application as not pressed and prayed for hearing the matter finally. 5. The Criminal Application for stay of conviction is hereby disposed off as not pressed. 6. List the appeal for final hearing in the week commencing from 21/09/2026. (MEHROZ K. PATHAN, J.) Wadkar Signed by: S.S. Wadkar (SSW) Designation: Senior Pvt. Secretary Date: 16/09/2026 14:21:26