I.A.ANSARI
Jalal Ahmed Mazumdar – Appellant
Versus
State of Assam – Respondent
I.A. Ansari, J.
1. The principal question, raised in this revision, is as to whether a Sessions Judge can, pending an appeal against an order of conviction and sentence, suspend, besides execution of the sentence, the operation of the order of conviction passed against the appellant. Another equally important question, raised in this revision, is as to whether it is enough for a Court, while exercising power under Section389(1) Cr.P.C. to suspend the operation of the order of conviction, if the appellant shows that the order of conviction would, if not suspended, cause irreparable damage to him or is it necessary, even in such a case, for the court, to ascertain if the order of conviction is prima facie supported by evidence on record? In other words, one of the questions, which needs to be answered, in this revision, is as to whether merit of the appeal is a factor, which needs to be taken into account, while considering the question as to whether, during pendency of an appeal, an order, convicting the appellant, needs to be suspended or not? Yet another question of great significance, which this revision raises, is as to whether suspension of sentence during pendency of an
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