The Supreme Court on Friday (October 25) dismissed former Jharkhand Chief Minister Madhu Koda’s petition seeking a stay on his conviction and sentence in the coal scam case to contest the upcoming Jharkhand Assembly elections.

A bank that encompasses Justices Sanjiv Khanna and Sanjay Kumar dismissed the special leave petition which was submitted against the decision from the Delhi High Court, which rejected his plea for a stay of sentence.

The petitioner relied on the judgment of the Supreme Court in Afjal Ansari vs. State of Uttar Pradesh (2023) which stayed the conviction of BSP legislator Afsal Ansari. However, the court distinguished the ruling saying it was a case of a sitting legislator.

“Several factors have to be considered for stay of conviction, which is not a routine matter. In Afjal, the appellant was a member in law. This is not a factual situation here,” the court said.

The Tribunal considered that there would be no irreversible consequences if the sentence was not suspended.

The special court on 13.12.2017 convicted Koda for offenses under section 120B IPC (criminal conspiracy) read with section 13(1)(d)(ii)/13(1)(d)(iii) read with section 13(2) ) ) of the Prevention of Corruption Act for criminal misconduct and was sentenced to rigorous imprisonment for a period of three years.

Case : MADHU KODA VERSUS STATE THROUGH CENTRAL BUREAU OF INVESTIGATION, JOURNAL NO. 49236-2024