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N. NAGARESH
Sayed Mohammed Noorul Ameer – Appellant
Versus
U. T. Administration of Lakshadweep Represented by the Its Standing Counsel, High Court Of Kerala – Respondent
ORDER :
The petitioners, who are accused Nos.1 to 4 in SC No.1/2017 on the files of the Court of Sessions, Kavarathi, were found guilty of the offences punishable under Sections 143, 147, 148, 448, 427, 324, 342, 307 and 506 read with Section 148 IPC and are convicted and sentenced to undergo rigorous imprisonment for various periods, the rigorous imprisonment for 10 years awarded under Section 307 read with Section 149 IPC being the longest period of sentence.
2. This Court admitted Criminal Appeal No.49 of 2023 filed by the petitioners/accused. In Crl.M.Appl. No.1/2023 filed by the petitioners/accused for suspension of conviction and sentence, a learned Single Judge of this Court, for the reasons recorded in the order dated 25.01.2023, took a view that the case of the 2nd petitioner/2nd accused falls within the category of rare and exceptional circumstances, that the ramifications of not suspending the conviction of the 2nd petitioner are enormous and hence the conviction and sentence imposed upon the 2nd accused should be suspended until disposal of the appeal.
3. The U.T. Administration of Lakshadweep filed SLP (Crl.) No.1644 of 2023 invoking Article 136 of the Constitution of Ind
Suspension of conviction may occur only in exceptional circumstances, particularly when significant injustice would result; the right to contest elections is not fundamental but statutory.
The power to suspend a conviction should be exercised in rare cases only, and disqualification under Section 8 of the Representation of People Act, 1951 is not a sufficient ground for suspension of t....
Suspension of conviction and sentence – Court ought to consider application seeking suspension of conviction in its proper perspective covering all aspects bearing in mind relevant judgments rendered....
Suspension of a sentence does not equate to a stay of conviction; a convicted public servant cannot retain their position.
(1) Stay on conviction – Very notion of irreversible consequences is centered on factors, including individual’s criminal antecedents, gravity of offence, and its wider social impact, while simultane....
Suspension of conviction in criminal cases, especially for corruption, is only permissible in exceptional circumstances where irreversible harm can be shown.
The distinction between suspension of sentence and stay of conviction is critical; the latter requires exceptional circumstances, particularly in serious offences.
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