Congress MLA Barad's conviction stayed by Gujarat HC

The Gujarat High Court Wednesday suspended the conviction of disqualified Congress MLA Bhagvan Barad in an illegal mining case till the time his appeal in the sessions court is disposed of.

Barad, who was elected from Talala, had moved the high court against the order of the sessions court in Veraval in Gir Somnath district last week which refused to stay his conviction.

Justice S H Vora Wednesday suspended his conviction and sentence till the disposal of his appeal in the sessions court.

A magistrate's court at Sutrapada in Gir Somnath district has sentenced Barad to two years and nine months in jail in a 24-year-old case of illegal mining.

The case saw several turns after he challenged the magistrate's order.

The sessions court first stayed his conviction. When the government challenged the stay order in the high court, it remanded the matter back in the sessions court.

The sessions court heard the case afresh and held in April that his conviction cannot be stayed.

Now it was Barad who challenged the order, and the high court again remanded the matter in the sessions court for want of proper reasoning in its order.

Last week, the sessions court again rejected Barad's petition.

Barad has been convicted under section 379 (punishment for theft) of the Indian Penal Code for theft of minerals.

Since he was sentenced to more than two years in jail, Gujarat Assembly Speaker Rajendra Trivedi disqualified him and the Election Commission declared his seat as vacant and announced a by-election.

He moved the Supreme Court against the EC's March 10 notification, and on April 1, the apex court stayed the EC's order.