Please Log in / Register to access the full text of this judgment and the entire database
(2024) Law Today Live Doc. Id. 19021
Crl.A. No. 532-533 of 2024
(IA No. 14923 of 2024)
Decided on: 11.03.2024
For Appellant(s):
Mr. Mukul Rohatgi, Sr. Adv., Dr. A. M. Singhvi, Sr. Adv., Mr. N.R. Elango, Sr. Adv., Mr. Siddharth Dave, Sr. Adv., Mr. Mahesh Agarwal, Adv., Mr. Rishi Agrawala, Adv., Mr. Ankur Saigal, Adv., Mr. Devansh Srivastava, Adv., Ms. Sukriti Bhatnagar, Adv., Mr. Abhinabh Garg, Adv., Mr. P. Dinesh Kumar, Adv., Mr. K. Suresh, Adv., Mr. E. C. Agrawala, AOR, Mr. Mukul Rohatgi, Sr. Adv., Mr. Siddharth Luthra, Sr. Adv., Mr. N.R. Elango, Sr. Adv., Mr. Pulkit Tare, AOR, Ms. Misha Rohatgi, Adv., Mr. Kartikeya Dang, Adv., Mr. Aswin Prassana As, Adv., Mr. Agilesh Kumar S, Adv., Mr. Dinesh, Adv.
For Respondent(s):
Mr. Shekhar Naphade, Sr. Adv., Mr. D.Kumanan, AOR, Mrs. Deepa. S, Adv., Mr. Sheikh F. Kalia, Adv.
Code of Criminal Procedure, 1973 (2 of 1974), Section 389 – Prevention of Corruption Act, 1988 (49 of 1988), Section 13(2), 13(1)(e) -- Indian Penal Code, 1860 (45 of 1860), Section 109 – Representation of the People Act, 1951 (43 of 1951), Section 8(3) – Suspension of conviction/ sentence -- High Court overturned the acquittal and has convicted the appellant for three years – Appellant who is a MLA will incur disqualification as a result of the conviction -- High Court has not considered the main question whether the view taken by the Special Court was a possible view -- Conviction and sentence suspended. Afjal Ansari’s case (2024) 2 SCC 187 relied.
(Para 2-6)
Cases referred:
1. Afjal Ansari v. State of Uttar Pradesh, (2024) 2 SCC 187.
ORDER
Criminal Appeal Nos.530-531/2024
Heard the learned senior counsel appearing for the parties on the prayer made under Section 389 of the Code of Criminal Procedure, 1973 for suspension of conviction.
2. The appellant was charged with the offences under Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act, 1988 (for short “PC Act”) and Section 13(2) read with Section 13(1)(e) of the PC Act read with Section 109 of the Indian Penal Code, 1860. The Special Court passed an order of acquittal. By the impugned judgment and order, the High Court has overturned the acquittal and has convicted the appellant for the aforesaid offences and sentenced him to undergo imprisonment for three years.
3. Our attention is invited to Section 8(3) of Representation of People Act, 1951 (for short "the 1951 Act"). As the sentence is above 2 years, the appellant who is a member of the Legislative Assembly will incur disqualification as a result of the conviction
4. After having perused the impugned judgment, prima facie, we find that the High Court has not considered the main question whether the view taken by the Special Court was a possible view.
5. Therefore, in the facts of the case and in view of the law laid down by this Court in the case of Afjal Ansari v. State of Uttar Pradesh1 [1(2024) 2 SCC 187], a case is made out for grant of suspension of sentence and conviction. The reason is that in view of operation of Section 8(3) of the 1951 Act, irreversible situation will be created if the conviction is not suspended.
6. Accordingly, we direct that the conviction of the appellant (K.Ponmudi @ Deivasigamani) under the impugned judgment and order stands suspended. Therefore, it follows that even the sentence stands suspended.
7. The prayer for interim relief is accordingly disposed of.
Criminal Appeal Nos.532-533/2024
8. Leave has already been granted.
9. The appellant is entitled to suspension of sentence and bail pending the final disposal of these appeals.
10. Accordingly, we direct that the appellant (Tmt. P.Visalakshi) shall be enlarged on bail by the Special Court on appropriate terms and conditions. The appellant will complete the bail formalities within a period of one month from today by appearing before the Special Court.
11. Till the completion of bail formalities, the order of exemption from surrendering will continue to operate.
12. The prayer for interim relief is accordingly disposed of.
Order accordingly.
********