Sessions court stays Gujarat Congress leader's conviction

A sessions court in Gir Somnath district of Gujarat Friday stayed the conviction of Congress leader Bhagvan Barad in a 24-year-old illegal mining case and also suspended his jail term of two years and nine months. Barad, an MLA, was disqualified by the Assembly Speaker after he was held guilty by a magistrate's court on March 1 in the 1995 case. He was also granted bail in the case.

The Congress leader challenged his conviction in the district and sessions court in Veraval town of Gir Somnath district. Principal district judge M M Babi stayed Barad's conviction while hearing his plea, said the Congress leader's lawyer Rajesh Buch.

In addition, the district judge also allowed Barad's plea, seeking suspension of the sentence of two years and nine months awarded by the judicial magistrate of Sutrapada Taluka court. "The sessions court stayed the conviction as well as ordered suspension of the sentence given by the magistrate. The court also granted bail to Barad till the pendency of his appeal against the magistrate's order," said Buch.

He said a stay on the conviction was necessary to allow Barad to continue as the MLA of Talala constituency in Gir Somnath district. The 60-year-old Congress leader won from Talala in the 2017 Assembly polls.

Barad was accused of stealing limestone worth Rs 2.83 crore through illegal mining on government land in Sutrapada. The material was then sold to a local chemical factory, according to an FIR lodged against him against him in 1995. The magistrate pronounced Barad guilty under Section 379 of the Indian Penal Code, which deals with punishment for theft.

On March 5, Assembly Speaker Rajendra Trivedi had disqualified Barad following his conviction citing a Supreme Court ruling, which says a lawmaker, whose conviction in a criminal case has not been stayed by an appellate court, would stand disqualified from the membership of the House. After the sessions court stayed the conviction, Leader of Opposition in the Assembly Paresh Dhanani of the Congress met Trivedi and requested him to reinstate Barad as MLA.

"We have handed over a memorandum and the order of the sessions court to the Speaker. We requested him to reinstate Barad as an MLA as his conviction has been stayed. "The Speaker told us he would take a decision after going through the documents," said Dhanani.

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