Legal Question in Criminal Law in India

I am convicted in a Criminal Case filed by CBI under Sec.120B read with Sec 409, 420, 467, 468 and 471 of IPC and under Sec.13(2) read with Sec13 (1)d of P.C Act and sentenced for 4 years R.I with a fine of Rs. 2.40,000/- recently on 13.09.2010 by the Hon'ble Trial Court Judge. I appealed in Hon'ble High Court of Madras against the Judgment; sought reduction in fine to Rs.60000/- i.e.to 25% of the fine imposed and suspending the sentence. The Hon'ble High Court of Madras was pleased to admit my appeal and also reduced the fine to Rs.25,000/- and granted bail suspending the sentence on 8.10.2010. I was in the prison from 13.09.2010 to 25.10.2010. Earlier I was dismissed from the Bank service in 2004 and I studied B.L.as a day scholar from 2004 and obtained the Law degree in 2007. I enrolled myself as an advocate in the Bar council of Tamilnadu, Chennai, ofcourse mentioning the trial against me in the CBI Court and started appearing in the Hon'ble High Court of Madras for my clients. Now I would like to know my present position as to whether I can continue my practice as the appeal is pending before the Hon'ble High Court of Madras. I am of the opinion that the Hon'ble High Court of Madras has suspended the sentence and reducing the fine amount and not the Conviction. Kindly enlighten me. Thanking you,

V.PATTABIRAMAN.


Asked on 11/04/10, 6:46 am

3 Answers from Attorneys
dilipkumar joshi dilipkumar joshi

Yes. You can practice till final disposal of the case.

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Answered on 11/04/10, 10:43 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

You are entitled to pursue legal profession until your licence of practice is not suspended by the Bar Council.

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Answered on 11/06/10, 10:21 am
Shrichand Nahar S.V.Nahar, Advocate

I agree with above views.

In view of suspension of sentence by the High Court, your conviction can be said to be in abeyance.

In case of the High Court upholding your conviction, you may not be practice due to your physical presence in the prison.

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Answered on 11/13/10, 1:36 am


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