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SUBBA REDDY SATTI
D. Babu, S/o D. Bashu – Appellant
Versus
State of Andhra Pradesh, Rep. by its Principal Secretary, Finance Department – Respondent
ORDER :
(Subba Reddy Satti, J.)
The Writ Petition is filed challenging the proceedings, issued by respondent No.3 vide R.C.No.1542/A4/2023 dated 10.08.2023, whereby the petitioner was dismissed from service.
2. The petitioner’s case, in brief, is that he along with his mother and sister was accused in S.C.No.346 of 2013 on the file of learned IV Additional District and Sessions Judge–cum-Special Judge for trial of Offences against women, Anantapuramu, for the offences punishable under Sections 498-A and 307 read with Section 34 of the Indian Penal Code, 1860 (for short ‘I.P.C.’) and Sections 3 and 4 of the Dowry Prohibition Act, 1961 (for short ‘D.P. Act’). By the calendar and judgment dated 10.05.2023, the petitioner was found guilty of the offences under Sections 3 and 4 of the D.P. Act and Section 498-A of IPC and he along with his mother was convicted under Section 235(2) of Cr.P.C. Aggrieved by the said calendar and judgment, petitioner filed Crl.A.No.410 of 2023. In the appeal, the petitioner filed I.A.No.1 of 2023 under Section 389(1) of Cr.P.C. to suspend the sentence, dated 10.05.2023 imposed in S.C.No.346 of 2013. By order dated 12.05.2023, execution of sentence of imprisonm
A stay of conviction renders the conviction non-operative, preventing dismissal based on that conviction.
A suspended conviction renders the associated guilt non-operative, preventing dismissal from service based on that conviction.
A stay of conviction may be granted if the consequences significantly affect the accused's career, despite the nature of the offenses.
The High Court affirmed the power to suspend conviction under Section 389(1) Cr.P.C. to prevent employment loss, emphasizing the need to consider the consequences of conviction.
Conviction may be stayed if it leads to significant disqualification consequences, protecting the appellant's rights pending appeal.
The appellate court has the authority to suspend a conviction under Section 389(1) Cr.P.C., especially when the conviction impacts employment.
Suspension of a conviction under Section 389(1) Cr.P.C. is exceptional, requiring demonstration of irreversible consequences, which was not established in this case.
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