IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SIDDHARTHA VARMA, ASHUTOSH SRIVASTAVA
Munnu Singh – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 2) |
| 2. arguments supporting suspension of conviction. (Para 3 , 4 , 5) |
| 3. court's analysis on grounds for suspension. (Para 6 , 7) |
| 4. ratio decidendi on suspension of conviction. (Para 8) |
| 5. conclusion and order for the appeal. (Para 9) |
JUDGMENT :
Ashutosh Srivastava, J.
In Ref.: Criminal Misc. Suspension of Conviction and Sentence Application No. 16 of 2025
2. The instant application at the instance of the Applicant/Appellant No. 1, Munnu Singh son of Sarnam Singh Thakur, under Section 389 (1) of Cr.P.C. has been filed seeking the suspension of conviction and sentence of the order dated 13.07.2023 passed by the Sessions Judge, Shahjahanpur in Session Trial No. 450 of 2008 (State Vs. Munnu Singh & others) arising out of Case Crime No. 33A of 2006 under Section 304 , 307, 504 I.P.C., Police Station Khudaganj, District Shahjahanpur and Session Trial No. 451 of 2008 (State Vs. Ramautar) arising out of Case Crime No. 41 of 2006, under Section 25 of ARMS ACT , Police Station Khudaga
Suspension of conviction under Section 389(1) requires exceptional circumstances, focusing on the seriousness of the offense and implications for public interest.
Suspension of sentence during appeal requires assessment of prima facie merits and exceptional circumstances, balancing incarceration duration against the nature of the conviction.
The court ruled that suspension of sentence is warranted where there appears to be a substantial possibility of success on appeal, necessitating reevaluation of trial findings and evidence.
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