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Mere filing of appeal should not be a ground to suspend conviction

In Bibi Jagir Kaur v. Central Bureau of Investigation, application was filed before the Hon'ble High Court of Punjab and Haryana by Applicant-appellant under Section 389 read with Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking suspension of conviction qua her during pendency of main appeal. Applicant has been held guilty for offence under Section 120-B read with Sections 313, 365 and 344 of Indian Penal Code, 1860 (IPC) vide judgment rendered by Sessions Court. Now the prayer is for stay of order of conviction as she intends to contest coming elections in the State of Punjab. 


Dismissing the appeal, the Hon'ble court said "In K.C. Sareen vs. C.B.I., Chandigarh, the Apex Court opined that exercise of power to suspend order of conviction should be limited to very exceptional cases. Further, merely filing of an appeal by the convicted person should not be a ground to suspend the conviction. The court is duty bound to take into consideration all aspects and ramifications of keeping such conviction in abeyance."
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