Supreme Court of India
Afjal Ansari v. State of Up
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What the Court ordered
In view of the aforesaid discussion, a clear picture emerges to the eff ect that the appellate court in an exceptional case, may put the conviction in abeyance along with the sentence, but such power must be exercised with great circumspection and caution, for the purpose of which, the applicant must satisfy the court as regards the evil that is likely to befall him, if the said conviction is not suspende d.
Judgment, page 31
From the headnote
Issue for consideration: What are the parameters to be considered for the suspension of conviction u/s. 389(1) CrPC; whether the appellant has made out a prima facie case for the suspension of conviction u/s. 389(1) CrPC; and whether conviction of an off ence involving ‘moral turpitude’ can be a valid ground to deny suspension of conviction u/s. 389(1) CrPC. Code of Criminal Procedure, 1973 – s. 389 (1) – Suspension of conviction –Appellant-member of Parliament, convicted u/s. 3(1) of the Gangsters Act and sentenced to four years imprisonment with a fi ne of Rupees One lakh by the trial court,
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