In a recently decided case, in “State of Maharashtra through
CBI vs. Balakrishna Dattatrya Kumbhar” CRIMINAL APPEAL NO.1648 of 2012, Supreme
Court has held that:
“…..the Appellate
Court in an
exceptional case, may put the
conviction in abeyance along with the sentence,
but such power must be exercised with great circumspection and
caution, for the purpose of which, the applicant must
satisfy the Court
as regards the evil that is likely to befall him, if the said conviction is not suspended. The Court has to consider all the facts as are
pleaded by the applicant, in a judicious manner and examined whether the facts
and circumstances involved in the case are such, that they warrant such a
course of action by it. The court additionally,
must record in writing, its reasons for granting such relief. Relief of staying the order of conviction
cannot be granted only on the ground
that an employee may lose his job, if the same is not done.” [Para 12]