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Suspension of Conviction (Apart from Suspension of Sentence) Whether Permissible Under the Law?

By P. R. Thakur

Published In

CrLj 2002

After trial, an accused is either convicted or acquitted. In case he is acquitted, that is the end of the matter unless appeal against acquittal is preferred by State. In case he is convicted, judgment of conviction is followed by an order on sentence and, an accused is accordingly convicted and sentenced. An appeal is provided against conviction and sentence. Under Section 389(1) of the Code of Criminal Procedure, 1973 (hereinafter called “the Code”), an appellant Court, for reasons to be recorded in writing, may order that execution of sentence or order appealed against be suspended and if an appellant is in confinement, he be released on bail. Therefore, from the bare perusal of the aforesaid provision, it is clear that an appellate Court is competent and empowered to suspend a sentence of imprisonment or order of fine/compensation against which appeal has been preferred. There is no specific mention of suspension of conviction as such nor there is any specific prohib ....

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