Mercy petition

Pratik (Querist) 02 February 2012 This query is : Resolved
A person has been charged under Prevention of Corruption Act and has been convicted by session court.
He appeals in High Court and a day after that he files a mercy petition to governor.
Can he do so? Is it an offence?

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adv. rajeev ( rajoo ) (Expert) 02 February 2012
It is not an offence.

V R SHROFF (Expert) 02 February 2012
No offence.

Devajyoti Barman (Expert) 02 February 2012
Yes both the appeal and the mercy petition go simultaneously.

Raj Kumar Makkad (Expert) 02 February 2012
Mercy petition at this stage is not maintainable. It can be entertained only if high court has also withhold his conviction. As he is already availing the opportunity of high court Governor shall not entertain his petition.

Sailesh Kumar Shah (Expert) 02 February 2012
I completely agree with views of Mr.Makkad.

DEFENSE ADVOCATE.-firmaction@g (Expert) 02 February 2012
Pratik a student surface after a long time .

Deepak Nair (Expert) 02 February 2012
It is not an offence, but it is not maintainable as the appeal is still pending in the high court and the verdict of the high court is awaited.

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