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-Sections 319 and 389- |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Application Allowed |
Headnote | Code of Criminal Procedure, 1973-Sections 319 and 389- Conviction of sitting Member of Parliament to 3 years regorous imprisonment-Person resigning and seeking re-election from same seat-Conviction challenged-Person released on bail and execution of sentence suspended-Application filed seeking suspension of order of conviction Held, Section 389(1) confers power not only to suspend execution of sentence and to grant bail but also to suspend order of conviction-Person could have continued to remain as Member of Parliament by merely filing appeal or revision within 3 months from order of conviction till its decision-However, person setting high standards in public life and resigning from seat-Road side altercation-Incident happening all of a sudden without any pre-meditation-No motive for commission of crime-Name of person not specifically mentioned in FIR and summoned under Section 319-Medical evidence inconclusive regarding cause of death of deceased-High Court reversing order of acquittal passed by Trial Court- Incident happening prior to person entering public life and having no connection with public life of person-In the facts and circumstances of the case, order of conviction passed by High Court suspended-Indian Penal Code, 1860-Sections 34, 302, 304 Part II and 323-Representation of People Act, 1951-Sections 7(b) and 8(3) & (4). |
Judge | Hon'ble Mr. Justice G.P. Mathur |
Neutral Citation | 2007 INSC 68 |
Petitioner | Navjot Singh Sidhu |
Respondent | State Of Punjab And Anr. |
SCR | [2007] 1 S.C.R. 1143 |
Judgement Date | 2007-01-23 |
Case Number | 59 |
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