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PRINCIPLES GOVERNING SUSPENSION OF CONVICTION CANNOT BE APPLIED TO SUSPENSION OF SENTENCE: Supreme Court

Team SoOLEGAL 30 Apr 2019 2:10pm

PRINCIPLES GOVERNING SUSPENSION OF CONVICTION CANNOT BE APPLIED TO SUSPENSION OF SENTENCE: Supreme Court

The Trial Court had convicted the appellant. He was charged under different sections of the Prevention of Corruption Act, 1988 and Indian Penal Code, 1960. The finding of the Court, while holding him guilty, was that he had forged many customers' sign and withdrawal slips had been created on this basis. The Court sentenced him to a combined period for 45 years rigorous imprisonment for all the offences committed.

Karnataka High Court had dismissed the petition of suspension of the execution of sentence awarded to him. The next step taken by him was to approach the Apex Court.

The Supreme Court bench comprising of Justice Abhay Manohar Sapre and Justice Dinesh Maheshwari made an observation that the points taken up by Karnataka High Court in relation to suspension of execution of sentence were irrelevant. It was also observed that the High Court should suspend the imprisonment sentence  for the cases which fall under Prevention of Corruption Act, 1988.

Allowing the appeal, the Supreme Court bench said:

"It goes without saying that we have neither pronounced on the merits of the applications moved  n behalf of the appellant seeking suspension of execution of sentence nor have made any observations relating to the merits of the appeal pending in the High Court and the entire matter is left open for consideration of the High Court in accordance with law."

Tagged: Conviction   Sentence   Supreme Court   Karnataka High Court   Indian Penal Code 1960   Prevention of Corruption Act 1988   Justice Abhay Manohar Sapre   Justice Dinesh Maheshwari  
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