Supreme Court of India · 2023-12-14
AFJAL ANSARI vs STATE OF UP
- Citation / case number
- SC 2023/35441
- Court
- Supreme Court of India
- Petitioner
- AFJAL ANSARI
- Respondent
- STATE OF UP
- Author
- HON'BLE MR. JUSTICE SURYA KANT
- Bench
- HON'BLE MR. JUSTICE SURYA KANT, HON'BLE MR. JUSTICE DIPANKAR DATTA, HON'BLE MR. JUSTICE UJJAL BHUYAN
Judgment text excerpt
The Supreme Court examined the scope of stay on conviction under Section 389(1) of the CrPC, in the context of an appeal filed by a public representative against a conviction by the Trial Court. The High Court partially granted the stay, suspending the sentence but declining to stay the conviction. The Court emphasized the importance of balancing the rights of the accused with the integrity of the judicial process, ultimately upholding the High Court's order. The judgment clarifies the discretionary powers of courts in granting bail and stay of sentences in criminal appeals.