1. Conviction under Sections 147, 148, 149, 427, and 435 IPC — Appeal against conviction and sentence — Application for suspension of conviction. (Para 2 , 3 )
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2022 Supreme(SC) 1409
SUPREME COURT OF INDIA
S. Abdul Nazeer, Vikram Nath, JJ.
Hardik Bharatbhai Patel – Appellant
Versus
The State of Gujarat – Respondent
Criminal Appeal No(s). 629 of 2022 (Arising Out of SLP (Criminal) No. 9033 of 2021
Decided On : 12-04-2022
Important Points
The court has the discretion to suspend both the sentence and conviction of an appellant based on the facts and circumstances of the case.
Subject
Criminal Law - Appeals and Sentencing
Act Referred
Headnote
Conviction - Suspension of Sentence and Conviction - The court suspended the conviction and sentence of the appellant after finding it to be a fit case for both.
Fact of the Case:
The appellant and two others were convicted for various offences under the Indian Penal Code and sentenced to imprisonment and fine. The appellant filed an appeal challenging the conviction and sentence, and also sought suspension of conviction.
Finding of the Court:
The court found it to be a fit case not only for suspension of sentence but also for suspension of conviction. It held that the High Court should have suspended the conviction as well.
Issues: The issues involved the suspension of both the sentence and conviction of the appellant.
Ratio Decidendi: The court considered the facts and circumstances of the case and decided to suspend both the conviction and sentence of the appellant.
Final Decision: The order of conviction was suspended, and the impugned order passed by the High Court was set aside. The appeal was allowed.
Legal Category Hierarchy
Advocates appeared:
Mr. Maninder Singh, Sr.Advocate, Mr. Mahesh Agarwal, Advocate, Mr. Rishi Agrawala, Advocate, Mr. Ankur Saigal, Advocate, Mr. Rafik Lokhandwala, Advocate, Mr. Divyanshu Srivastava, Advocate, Ms. Sukriti Bhatnagar, Advocate, Mr. Prabhash Bajaj, Advocate, Mr. Pranav Saigal, Advocate, Mr. E. C. Agrawala, Advocate, For the Appellant / Mr. Tushar Mehta, SG, Mr. Rajat Nair, Advocate, Ms. Deepanwita Priyanka, Advocate, For the Respondent.
Mr. Maninder Singh, Sr.Advocate, Mr. Mahesh Agarwal, Advocate, Mr. Rishi Agrawala, Advocate, Mr. Ankur Saigal, Advocate, Mr. Rafik Lokhandwala, Advocate, Mr. Divyanshu Srivastava, Advocate, Ms. Sukriti Bhatnagar, Advocate, Mr. Prabhash Bajaj, Advocate, Mr. Pranav Saigal, Advocate, Mr. E. C. Agrawala, Advocate, For the Appellant / Mr. Tushar Mehta, SG, Mr. Rajat Nair, Advocate, Ms. Deepanwita Priyanka, Advocate, For the Respondent.
Table of Contents
2. Whether the conviction of the appellant should be suspended alongside the suspension of the sentence. (Para 3 )
3. The facts and circumstances of the case render it a fit case for the suspension of both the sentence and the conviction. (Para 5 )
4. Suspension of conviction may be granted in addition to suspension of sentence based on the specific facts and circumstances of the case. (Para 5 )
5. Conviction suspended and the order dismissing the application for suspension of conviction set aside. (Para 6 , 7 )
6. Can a court suspend both the sentence and the conviction of an appellant?
Yes, if the court finds that the facts and circumstances of the case make it a fit case, it may suspend both the sentence and the conviction. (Para 5 )
7. Is the suspension of sentence equivalent to the suspension of conviction?
No, they are distinct legal reliefs; a court may suspend the sentence while declining to suspend the conviction. (Para 3 , 5 )
ORDER
1. Leave granted.
2. By judgment dated 25.07.2018 passed by the Fifth (Ad hoc) Additional Sessions Judge, Mehsana, at Visnagar, in Sessions Case No.24/2017, the appellant and two others were convicted for the offences punishable under Sections 147, 148, 149, 427 and 435 of the Indian Penal Code, 1860 (for short, 'IPC') and sentenced for a period of two years' simple imprisonment along with fine of Rs.50,000/- with default sentence of simple imprisonment of three months.
3. The appellant filed Criminal Appeal no.1135 of 2018 before the High Court of Gujarat at Ahmedabad, challenging the said order of conviction and sentence. The appellant also filed an application for suspension of his conviction and sentence in the said appeal. The High Court by order dated 08.08.2018 suspended the sentence of the appellant but did not consider the prayer for suspension of conviction. Therefore, the appellant filed an application in the said appeal seeking suspension of conviction. The High Court has dismissed the said application by the impugned order dated 29.03.2019.
4. We have heard Mr. Maninder Singh, learned senior counsel for the appellant and Mr. Tushar Mehta, learned Solicitor General for the respondent-State, perused the impugned order and the other materials placed on record.
5. Having regard to the facts and circumstances of the case, we are of the view that this is a fit case not only for suspension of sentence but also for suspension of conviction of the appellant. The High Court in our view ought to have suspended the conviction as well.
6. Therefore the order of conviction of the appellant in Sessions Case No. 24/2017 dated 25.07.2018 passed by the Fifth (Ad hoc) Additional Sessions Judge, Mehsana, at Visnagar, is suspended and the impugned order dated 29.03.2019 passed in Crl. Misc. Application (For Suspension of Sentence of Conviction) No.1 of 2019 in Criminal Appeal no.1135 of 2018 by the High Court of Gujarat at Ahmedabad is set aside.
7. The appeal is accordingly allowed.
