Afjal Ansari vs State of U. P. - 2023 Supreme(SC) 1222

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(SC) 1222

SURYA KANT, UJJAL BHUYAN, DIPANKAR DATTA
Afjal Ansari – Appellant
Versus
State of U. P. – Respondent

Advocates appeared:
For the Petitioner(s): Dr. Abhishek Manu Singhvi, Sr. Adv. Mr. C. U. Singh, Sr. Adv. Mr. S. Wasim A. Qadri, Sr. Adv. Mr. Jubair Ahmad Khan, Adv. Mr. Tamim Qadri, Adv. Mr. Anuroop Chakravarti, Adv. Mr. Saeed Qadri, Adv. Mr. Shraveen Kumar Verma, Adv. Mr. Siddarth Seem, Adv. Mr. Saahil Gupta, Adv. Ms. Udita Singh, AOR
For the Respondent(s) Mr. K.M. Nataraj, A.S.G. Mr. Sharan Dev Singh Thakur, A.A.G. Ms. Ruchira Goel, AOR Mr. Siddharth Thakur, Adv. Ms. Indira Bhakar, Adv. Mr. Adit Jayeshbhai Shah, Adv. Mr. Ajay Singh, Adv. Ms. Keerti Jaya, Adv.

JUDGMENT :

SURYA KANT, J.

1. Leave granted.

2. This appeal is directed against the order dated 24.07.2023, passed by the High Court of Judicature at Allahabad (hereinafter ‘High Court’) partially allowing the application filed by the Appellant under Section 389(1) of the Code of Criminal Procedure, 1973 (hereinafter ‘Cr.P.C.’) for the stay on the sentence and conviction, awarded by the Learned Additional Sessions Judge, MP/MLA Court, Ghazipur (hereinafter ‘Trial Court’) vide judgment and order dated 29.04.2023. The High Court, has through the impugned order, suspended the Appellant’s sentence and granted him bail but the stay on conviction has been declined.

FACTS:

3. At this juncture, it is imperative to delve into the factual matrix to set out the context of the present proceedings.

3.1. The Appellant is a public representative, having served as a Member of the Legislative Assembly in Uttar Pradesh for five consecutive terms and as a Member of Parliament for two terms. Until the recent disqualification following the judgment rendered by the Trial Court, the Appellant was the incumbent Member of Parliament for the Ghazipur Constituency, since 2019. The Appellant currently holds variou

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2023 Supreme(SC) 1222

SURYA KANT, UJJAL BHUYAN, DIPANKAR DATTAAfjal Ansari – AppellantVersusState of U. P. – Respondent

SURYA KANT, UJJAL BHUYAN, DIPANKAR DATTA
Afjal Ansari – Appellant
Versus
State of U. P. – Respondent