An accused is found guilty under sec.409, 467, 471, 477A of I.P.C. and has been sentenced under sec.248(2) of cr.p.c. to undergo three years imprisonment. This Judgement is for misappropriation of money in a cooperative society founded & presided by the accused.
The judgement was pronounced by the Judicial Magistrate on Feb 5, 2010. The accused moved the sessions court and obtained "stay of conviction & suspension of sentence" on Feb 17, 2010; by stating the reason that "he has been a member & chairman of a trust (another trust) for years together. By virtue of this lower court judgement, he is being disqualified to become a member to the trust owing to his conviction"
Can conviction be stayed on such a ground? Is there a law to provide stay of the conviction itself?
Dear friend
Your query is incomplete. And no lawyer can guide you without reading both the orders i.e of conviction and the other of suspension. Anyways, the Court has the power to suspend the sentence on a valid ground. The ground mentioned by you is not a valid ground for me and there must be more to it than what you have mentioned.
Regards
VIRAJ KADAM
Advocate, Supreme Court of India.
virajkadam@gmail.com
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Originally posted by : VIRAJ KADAM |
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Dear friend Your query is incomplete. And no lawyer can guide you without reading both the orders i.e of conviction and the other of suspension. Anyways, the Court has the power to suspend the sentence on a valid ground. The ground mentioned by you is not a valid ground for me and there must be more to it than what you have mentioned. Regards VIRAJ KADAM Advocate, Supreme Court of India. virajkadam@gmail.com |
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Thank you for the reply. My question is "Whether stay of conviction is permissible under law?"
I hope you have misunderstood my question as "Whether suspension of sentence is permissible under law?"
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