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Supreme Court Of India

(From : Punjab and Haryana)

Hon'ble Judge(s): G. P. Mathur, R. V. Raveendran , JJ

(A) Criminal P.C. (2 of 1974) , S.389(1)— Suspension of conviction - Power of appellate Court - Exercise of - Appellant has to draw specific attention of Court to consequences that follow his conviction - Power has to be exercised only in rare cases depending on special facts of the case. (Para 3) (B) Criminal P.C. (2 of 1974) , S.389(1)— Suspension of conviction - Appellant a sitting Member of Parliament - Conviction for offence committed much prior to his entry into politics - Appellant resigning from membership of Parliament immediately - Not taking benefit of clinging on to his office by merely filing appeal - Desirous of getting fresh mandate from people - Evidence touching upon culpability of appellant prima facie appearing to be in his favour - Appellant by resigning has chosen a moral path and has set high standards in public life - Conviction of appellant liable to be suspended as injury that he would suffer if conviction is not suspended would be irreparable. Representation of The People Act (43 of 1950) , S.8— The appellant a sitting Member of Parliament was convicted under S. 304, Part II of IPC and sentenced to imprisonment to 3 years R.I. Immediately after the pronouncement of judgment by the High Court, he resigned from....