2023 INSC 1071
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REPORTABLE
IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION
Criminal Appeal No. 3838 Of 2023
(Arising out of Special Leave to Appeal (Crl.) No. 11129 Of 2023)
Afjal Ansari ….Appellant(s)
versus
State of UP ….Respondent(s)
JUDGEMENT
SURYA KANT, J.
Leave granted.
2. This appeal is directed against the order dated 24.07.2023,
passed by the High Court of Judicature at Allahabad (hereinafter,
‘High Court’), partially allowing the application filed by the Appellant
under Section 389(1) of the Code of Criminal Procedure, 1973
(hereinafter, ‘CrPC’), for the stay on the sentence and conviction,
awarded by the Learned Additional Sessions Judge, MP/MLA Court,
Ghazipur (hereinafter, ‘Trial Court’) vide judgement and order dated
29.04.2023. The High Court, has through the impugned order,
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suspended the Appellant’s sentence and granted him bail but the stay
on conviction has been declined.
FACTS:
3. At this juncture, it is imperative to delve into the factual matrix
to set out the context of the present proceedings.
3.1. The Appellant is a public representative, having served as a
Member of the Legislative Assembly in Uttar Pradesh for five
consecutive terms, and as a Member of Parliament for two terms. Until
the recent disqualification following the judgment rendered by the
Trial Court, th...