Supreme Court of India
Lalsai Khunte v. Nirmal Sinha and Ors.
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1 Supreme Court bench has cited this judgment.
What the Court ordered
Held as under: That takes us to the question whether the scope of Section 389(1) of the Code extends to conferring power on the Appellate Court to stay the operation of the order of conviction.
Judgment, page 7
From the headnote
Representation of the People Act, 1951: S. 8(3)-Disqualification on conviction-Suspension of sentence while granting bail-Held, suspension does not amount to temporary stay of conviction-Conviction still remains-Specific order staying conviction has to be sought which was not done-Election rightly set aside by High Court Code of Criminal Procedure, 1973-s.389-Penal Code, 1860-ss. 420134, 468. Appellant was elected as a Member of Legislative Assembly. His election was challenged in an election petition on the ground that he was convicted j under ss. 420/34 and 468 IPC and was sentenced to two
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