Allahabad High Court: In a criminal revision petition filed by sitting BJP Member of Parliament (from Bansgaon) Kamlesh Paswan and other accused persons against the judgment and order passed by the Additional Civil Judge, wherein the Court convicted him under Sections 147, 341, 435, 511 of the Penal Code, 1860 (‘IPC’) and Section 7 of Criminal Law Amendment Act, Rajeev Misra, J released all the convict persons on bail and stayed the sentence awarded to Kamlesh Paswan during the pendency of the revision.
The Court said that the crime alleged to have been committed by Kamlesh Paswan and other convicted persons is private in nature and not a crime against society. The maximum sentence awarded to him is one year and six months and there is no likelihood of the revision being heard in the near future. Thus, without making any comments on the merits of the revision, the Court granted bail to Kamlesh Paswan and other convicted persons.
The Court said that, as Kamlesh Paswan is a sitting M.P., and the impugned judgments and orders can cast a stigma upon his political career, as such they have serious consequences. The consequences are of unverifiable character. The Court after considering the above and relying on Navjot Singh Sidhu v. State of Punjab, (2007) 2 SCC 574, held that the sentence awarded to Kamlesh Paswan shall remain stayed during the pendency of the revision. However, the fine awarded by the Court below must be deposited by each of the convicted persons within one month from today, failing which they will be taken into custody forthwith to serve out the sentence accorded to them.
[Kamlesh Paswan v State of UP, 2023 SCC OnLine All 156, Order dated 24-04-2023]
Advocates who appeared in this case :
Counsel for Revisionist: Advocate Atul Kumar Shahi;
Counsel for Opposite Party: Government Advocate.