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 | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973: s.389 - Conviction of public servant under Prevention of Corruption Act - Special Court allowed suspension of conviction during pendency of appeal - High Court dismissed application for vacation of suspension - Correctness of - Held: Not correct - Power to suspend order of conviction to be exercised only in exceptional cases - Court required to look at all aspects including ramification of keeping such conviction in abeyance. Interlocutory order: Modification of its own interlocutory order by High Court - Scope of - Discussed - Code of Criminal Procedure, 1973 - s.362.Prosecution case was that the respondent who was public servant was proceeded against in a case under Prevention of Corruption Act. He was sentenced to 1½ years RI. He filed appeal. In the said appeal, an application u/s. 389 Cr.P.C. was filed by him for suspension of conviction. Special Court allowed the application and suspended the conviction during pendency of appeal on the ground that it would take long time to decide the appeal and there were good points to argue. High Court dismissed the application for vacation of stay of conviction.In appeal to this Court, appellant contended that the High Court being aware of the decisions of this Court holding that ordinarily the suspension of conviction should not be granted, must be held to have committed a manifest error in passing the impugned judgment.The respondent contended that he being a government servant and he having been convicted only for a period of 1½ years, the High Court cannot be said to have committed any error in suspending the judgment of conviction. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 951 |
Petitioner | State Of Punjab |
Respondent | Deepak Mattu |
SCR | [2007] 10 S.C.R. 90 |
Judgement Date | 2007-09-18 |
Case Number | 1251 |
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