(Criminal Appellate Jurisdiction)
M Enayetur Rahim J
Md Mostafizur Rahman J
AKM Fakhrul Islam …………..Appellant
vs
State……….Respondent
Order
November 26th, 2018
Code of Criminal Procedure (V of 1898)
Section 426
. There is no provision for staying the conviction during pendency of an appeal. It can only be set-aside or affirmed on disposal of the appeal.
‘Conviction’ is a formal declaration or the decision of a judge in a Court of law that some one is guilty of a criminal offence; and ‘sentence’ is the punishment imposed on or assigned to an accused having found guilty by a Court. (7 & 4)
AKM Fakhrul Islam, Advocate-(In person).
Farhad Ahmed DAG with Nusrat Jahan DAG with Md Nurul Islam Matubber AAG and Md Yousuf Mahmud Morshed, AAG-For the State.
Order
Convict appellant has filed an application for stay, realization of fine and also for suspending the order of conviction and sentence dated 15-9-2016 passed against him by the trial Court.
2. Heard the appellant, who appeared in person, and perused the application.
3. The learned Deputy Attomey-General Mr Farhad Ahmed and Ms. Nusrat Jahan have
opposed the application.
4. ‘Conviction’ is a formal declaration or the decision of a judge in a Court of law that some one is guilty of a criminal offence; and ‘sentence’ is the punishment imposed on or assigned to an accused having found guilty by a Court.
5. Therefore, the meaning and legal implication of conviction and sentence are quite different and distinct.
6. Section 426 of the Code of Criminal Procedure provides for suspension of sentence, not conviction, during pendency of an appeal.
7. It is our considered view that in the above Code there is no provision for staying the conviction during pendency of an appeal. It can only be set-aside or affirmed on disposal of the appeal.
8. Thus, the prayer for suspension of conviction as made by the convict-appellant is a misconceived one and hence rejected.
9. Since the appellant has been enjoying the privilege of bail, question of suspension of sentence does not arise at all at this stage.
However, the realization of fine be stayed till disposal of appeal.
