In a major relief given to former JMM MlA Yogendra Mahto who was disqualified from the Assembly after having been convicted in a case related to coal theft, the court of Additional District Judge Rajendra Paul on Monday stayed the conviction order passed by a court of Sub-Divisional Magistrate in this regard.
Former Advocate General and Mahto’s advocate RS Majumdar said that Mahto had filed an appeal against the conviction order passed against him under section 389 (1) of CrPC and was given relief on the grounds that no substantial evidences were produced against the petitioner.
The Court of Sub-Divisional Magistrate RP Mala had convicted Mahto and four others, including his brother Chitragupt Mahto three years’ jail and slapped a fine of Rs 5000 in a case related to coal theft registered at Rajrappa police station in Ramgarh in the year 2010. Though, Mahto was immediately arrested following his conviction, but was later released after bail application was filed on his behalf seeking bail from the same court.
“The Court of Additional District Judge has stayed both the conviction and sentencing order passed by the Court of Sub-Divisional Magistrate as the prosecution could not produce any substantial evidence against him,” said Majumdar.
He had been sentenced three year jail and had been slapped a fine of Rs 5000 under sections 414 and 120 (B) of Indian Penal Code against which had had filed an appeal under section 389 (1) for remedy, he added.
Majumdar further added that the coal said to be recovered from the Hard Coke plant was presumed to be stolen while no report of any theft had been registered in this regard. Moreover, the entire seizure list submitted before the Court did not supported the case on the basis of which the stay order was passed, he added.
Majumdar said his Assembly membership must get restored now following the stay granted by the Court against the conviction on the basis of which he had been disqualified
Jharkhand Vidhan Sabha Secretary Vinay Kumar Singh, however, declined to comment on the issue a without going through the order passed by the court in this regard.
“let me see the order first, only then I will be able to comment on this. I am out of station today and will be back by tomorrow,” said Singh.
Former Advocate General Anil Kumar Sinha also asserted that Mahto’s disqualification could be withdrawn as the sentencing itself, on the basis of which he lost his membership, has been stayed by the Court. He however said that Mahto might have to face legal hiccups to get beck his Assembly membership.
The Supreme Court in 2013 had ruled that an MP of MlA convicted of any offence attracting a punishment of two years or above would be disqualified immediately.