KERALA HIGH COURT
Sri.John Sebastian Ralph.V, Sri.Sreelal N.Warrier, JJ
Ramakrishnan P. v. Central Bureau of Investigation
1. The scope of suspension of the conviction traceable to S.389, CrPC, as also, the parameters to be considered for the same is the issue involved in this miscellaneous application.
2. The above application is preferred under S.389(1), read with S.482, of the Code of Criminal Procedure seeking to suspend the conviction of the applicant as per the judgment impugned in the afore referred appeal. A separate application, Crl.M.A.No.1/2024, was filed to suspend the execution of the sentence, which has already been allowed.
3. Heard Sri.John Sebastian Ralph.V, learned counsel for the applicant and Sri.Sreelal N.Warrier, learned Special Public Prosecutor (C.B.I) on behalf of the respondent.
4. Although the language employed in S.389 does not specifically refer to suspension of the judgment of conviction, the legal position governing the power in this regard is no more res integra. The expression "the execution of the sentence or order appealed against be suspended" has been interpreted to hold that S.389(1) affords adequate power to suspend the order of conviction, as well. The earliest exposition of the law in this regard can be found in Rama Narang v. Ramesh Narang ( 1995 (2) SCC 513 )
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