Sheel Kumar Vs. State

Sheel Kumar vs State

Disposition Appeal dismissed Court Madhya Pradesh Decided Mar 16, 2005

~1 min read

https://sooperkanoon.com/case/498851

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/498851
Court: Madhya Pradesh High Court
Judge: S.K. Pande, J.
Decided On: Mar 16, 2005
Case Number: Criminal Appeal No. 1389/2004
Subject: Criminal
Disposition: Appeal dismissed

Case Summary

AI-generated summary - not the official court judgment text.

Key legal issue: Criminal
Outcome / disposition: Appeal dismissed
Acts & sections: Prevention of Corruption Act, 1988 - Sections 13(1) and 13(2); Code of Criminal Procedure (CrPC) , 1974 - Sections 389 and 389(1)

Parties & Advocates

Appellant / Petitioner

Sheel Kumar

Advocate A.K. Jain, Adv.

Respondent

State

Advocate S. Paliwal, Panel Lawyer

Legal References

Acts: Prevention of Corruption Act, 1988 - Sections 13(1) and 13(2); Code of Criminal Procedure (CrPC) , 1974 - Sections 389 and 389(1)
Cases Referred: In M. Srinivasulu Reddy v. State Inspector of Police
Reported In: 2005(2)MPHT189

Excerpt

- orders.k. pande, j.1. this is an application under section 389(1), cr.pc for suspension of order recording conviction of appellant under section 13(1)(e), 13(2) of the prevention of corruption act, 1988 vide impugned judgment dated 11-8-2004 passed by special judge, damoh in special case no. 2/98.2. vide order dated 20-8-2004, execution of sentence of imprisonment vide impugned judgment was suspended. as has been held in benzamin khiro alias kiro v. state of orissa and anr., 1995 cr.lj 1682, ramesh narang v. rama narang and ors., 1995 cr.lj 1685, expression order appealed against under section 389 does not include conviction. conviction of appellant can not be suspended under section 389 or under any other provisions of code.3. in m. srinivasulu reddy v. state inspector of police, anti corruption bureau, 1993 cr.lj 558, also it has been held that suspension of conviction pending appeal is not contemplated by provisions of cr.pc or any rules or regulations or other enactment. as such, application seeking suspension of conviction as prayed, fails and is dismissed.

Full Judgment

ORDER

S.K. Pande, J.

1. This is an application under Section 389(1), Cr.PC for suspension of order recording conviction of appellant under Section 13(1)(e), 13(2) of the Prevention of Corruption Act, 1988 vide impugned judgment dated 11-8-2004 passed by Special Judge, Damoh in Special Case No. 2/98.

2. Vide order dated 20-8-2004, execution of sentence of imprisonment vide impugned judgment was suspended. As has been held in Benzamin Khiro alias Kiro v. State of Orissa and Anr., 1995 Cr.LJ 1682, Ramesh Narang v. Rama Narang and Ors., 1995 Cr.LJ 1685, expression order appealed against under Section 389 does not include conviction. Conviction of appellant can not be suspended under Section 389 or under any other provisions of Code.

3. In M. Srinivasulu Reddy v. State Inspector of Police, Anti Corruption Bureau, 1993 Cr.LJ 558, also it has been held that suspension of conviction pending appeal is not contemplated by provisions of Cr.PC or any Rules or Regulations or other enactment. As such, application seeking suspension of conviction as prayed, fails and is dismissed.

Same Court & Year Madhya Pradesh · 2005 Same Parties Sheel Kumar vs State Same Subject Criminal Same Judge S.K. Pande, J. Acts & Sections Prevention of Corruption Act, 1988 - Sections 13(1) and 13(2)...

Criminal