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december 2003

Supreme Court of India · 2003-12-18

State Of Maharashtra vs Gajanan & Anr

Citation / case number
AIR 2004 SUPREME COURT 1188
Court
Supreme Court of India
Petitioner
State Of Maharashtra
Respondent
Gajanan & Anr
Bench
N.Santosh Hegde, B.P.Singh

Judgment text excerpt

The Supreme Court held that the High Court erred in staying both the conviction and sentence of a public servant under Section 7 of the Prevention of Corruption Act, emphasizing that such suspension should only occur in exceptional cases as established in K.C. Sareen v. CBI (2001 (6) SCC 584). The Court reiterated that the High Court failed to demonstrate any exceptional circumstances justifying the stay of conviction, which undermines the legal principles governing such matters. Consequently, the Supreme Court set aside the High Court's orders and allowed the appeals.

State Of Maharashtra vs Gajanan & Anr · Niyam