Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | CODE OF CRIMINAL PROCEDURE 1973: s.389 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | CODE OF CRIMINAL PROCEDURE, 1973:s.389 - Suspension of conviction and sentence pending appeal - Accused acquitted of offences punishable under Terrorist and Disruptive Activities (Prevention) Act, 1987 but convicted of offences punishable u/ss 3 and 7 r/w ss.25(1A) and 25(1 B) of Arms Act and sentenced to six years RI by designated court - Pending appeal before Supreme Court, accused granted bail - Prayer for suspension of conviction and sentence pending appeal - Held: In view of the serious offences for which the accused was convicted, Court declined to suspend the conviction and the sentence - Keeping in view the bar u/s 8(3) of the 1951 Act, power of court u/s 389 CrPC would be exercised only under exceptional circumstances - Representation of the People Act, 1951 - s.8(3). The petitioner faced trial for commission of offences punishable u/ss.3(3), 5 and 6 of Terrorist and Disruptive Activities (Prevention) Act, 1987 and u/ss 3, 7 r/w ss.25(1A) and 25(18) of Arms Act, 1959. He was found guilty of offences punishable u/ss 3 and 7 r/w ss. 25(1A) and 25(18) of the Arms Act. and was sentenced to six years rigorous imprisonment He filed an appeal before the Supreme Court and pending appeal he was granted bail. The petitioner filed Crl.M.P .No.4087 of 2009 u/s 389 H of the Code of Criminal Procedure, 1973 praying that execution of order of conviction and sentence be also suspended pending appeal as he was desirous of contesting the Lok Sabha elections. The other petitions were also filed in the matter. |
Judge | Honble Mr. Justice K.G. Balakrishnan |
Neutral Citation | 2009 INSC 425 |
Petitioner | Sanjay Dutt |
Respondent | State Of Maharashtra Tr. Cbi, Bombay |
SCR | [2009] 5 S.C.R. 188 |
Judgement Date | 2009-03-31 |
Case Number | 1060 |
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