The bench headed by Justice Bharti Dangre, of the Bombay High Court Thursday suspended the conviction and two-year sentence of Maharashtra Shiv Sena MLA Mahendra Dalvi, who was disqualified following his conviction in a 2013 assault case. He was convicted in May 2022 by a Raigad court.
He challenged his conviction in the case and sought a stay on it after it led to his disqualification as an MLA.
Counsel appearing for Dalvi, Advocate Raja Thakare, mentioned the case where the Kerala High Court suspended the conviction and sentence of Lakshadweep MP Mohammed Faizal. Thackeray submitted that for Dalvi's case, the Bombay High Court can exercise its power to suspend his conviction since the sentence imposed is for a fixed term of two years under the impugned judgment.
Dalvi and three others were accused of beating up Babu alias Salim Lalasaheb in 2013 at Thal. The complainant in the case had opposed any relief being granted to Dalvi. However, the bench of Justice Bharti Dangre decided to grant relief to Dalvi. The detailed order with reasoning will be made available later.
With the staying of the sentence, Dalvi can continue to be an MLA, pending the hearing of his appeal. In a separate case with a similar situation of disqualification as an elected leader, earlier this week, Congress leader Rahul Gandhi moved the Gujarat High Court to seek a stay on his conviction in connection with a defamation case. Gandhi was also sentenced to two years and was disqualified as a Lok Sabha MP.
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