Stay of conviction - whether it is permissible under law


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?

 
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Advocate Supreme Court of India

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


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

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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