The power of suspension of conviction under Section 389 (1) of Cr.P.C should be exercised in exceptional cases, and the appellate court must consider all aspects, including the consequences of such suspension, before making a decision.

JUDGMENT

J.P.Gupta, J. - This order shall govern the disposal of IA No.6472/2020 fled on 4-6-2020, on behalf of the appellant, under Section 389 (1) of Cr.P.C. for suspension of conviction of offences under Sections 147, 115/149, 332/149, 504/149, 506 Part-I/149 and 341/149 of IPC, awarded by the Court of 21st Additional Session and Special Judge (MP/MLA), Bhopal, in Special case (PPM) no.29/2018 vide its judgment dated 30.11.2019, whereby the appellant and 6 others accused persons have been convicted and sentenced as under:-

All sentences shall run concurrently.

2. Vide order dated 19.12.2019 execution of jail sentence of the appellant has already been suspended. This application for suspension of conviction has been preferred on the ground that the appellant's conviction is contrary to law. The prosecution has failed to prove the offenses against the appellant beyond reasonable doubts, despite of it, learned Trial court has erroneously convicted and sentenced the appellant. Apart from it, the sentence is also on higher side. The appellant is frst offender. The alleged incident took place in a heat of passion on provocation from administrative side and the appellant could not have been convicted for any of the offences for more than 2 years. At the time of alleged incident, the appellant was a Member of Legislative Assembly (MLA) from Karaira constituency of the State of Madhya Pradesh, but on account of aforesaid conviction and sentence, she became disqualifed for further election of MLA as prescribed under Section 8 of the Representation of the People Act, 1951. While she intends to contest upcoming Bye-election of MP Legislative Assembly which are going to be held in short span of time. In the circumstances, the case of the appellant comes in the purview of exceptional case, therefore, the conviction be suspended.

3. On behalf of the State, the Government Advocate has submitted that the fnding of learned trial Court with regard to the conviction of the appellant is based on the sound evidence and reasoning. The evidence of the police personnel cannot be ignored merely on the ground that they are police officers and looking to the facts of the case, it cannot be said that the sentence is extremely on higher side. The offenses committed by the appellant being a Member of the Legislative Assembly exhibits disregard to the law while the appellant was under obligation to avoid the law and show respect more than ordinary people. Therefore, the sentence should be exemplary and the case of the appellant does not come in purview of exceptional case as every convicted accused can claim that if his conviction is not suspended he will be deprived from contesting election of MP / MLA. In such circumstances, the object of disqualifying of criminals would be defeated. Hence, application be rejected.

4. Having heard learned counsel for the parties and on perusal of the record, in view of this court, there is a settled law that power of suspension of conviction is vested to the Appellate court under Section 389 (1) of Cr.P.C.; but this power should be exercised in a very exceptional cases having regard to all aspects including ramifcation of such suspension. In this regard, both the parties have cited number of judgments of Hon'ble the Apex court which all are not required to be cited here. A Three Judges Bench of Hon'ble the Apex Court in a recent case of Lok Prahari vs. Election C