IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
Thursday, the 25th day of August 2022 / 3rd Bhadra, 1944
CRL.M.APPL.NO.3/2022 IN CRL.A NO. 835 OF 2022
SC 203/2020 OF I ADDITIONAL SESSIONS COURT, KOZHIKODE
APPELLANT:
KIRAN, AGED 40 YEARS, S/O KRISHNAN NAIR, MYLANKOTTU PUTHAN HOUSE,
KARAMANA, NIRMARKARA POST NOW RESIDING AT CHITTEDATH MEETHAL HOUSE,
KANNADIKKAL.
RESPONDENT:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR REPRESENTED BY
PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031
Application praying that in the circumstances stated therein the
High Court be pleased to suspend the execution of the sentence ordered by
the Additional Sessions Court-I, Kozhikkode in S.C No 203/20 which is
disposed on 04.05.2022 in the interest of the justice till the disposal of
the appeal.
This Application coming on for Admission upon perusing the
application and upon hearing the arguments of SREEKANTH IDUKKAPARAKKAL,
Advocate for the petitioner, and of the PUBLIC PROSECUTOR for the
respondent, the court passed the following:
(pto)
ZIYAD RAHMAN A.A., J.
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Crl.M. A. No.3 of 2022
&
Crl.Appeal No.835 of 2022
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Dated this the 25th day of August, 2022
ORDER
Crl.Appeal No.835/2022 Admit.
The learned Public Prosecutor takes notice for the respondent.
Crl.M.A. No.3/2022 This is an application for suspending the sentence imposed upon the petitioner. As per the impugned judgment, he stands convicted for the offences punishable under Sections 326 and 307 of the Indian Penal Code. The petitioner was sentenced to undergo rigorous imprisonment for three years and to pay a fine of `10,000/- (Rupees ten thousand only) for the offence under Section 326 and rigorous imprisonment for 10 years with a fine of `50,000/- (Rupees Fifty thousand only) for the offence under Crl.Appeal No.835/2022 :2 : Section 307 of the Indian Penal Code.
When the matter came up for consideration, the learned Public Prosecutor, even though opposed the application for suspension of the sentence, submitted that the petitioner does not have any criminal antecedents. In such circumstances, taking note of the contentions that has been raised in this Crl. Appeal, and the materials placed before me, I am inclined to suspend the sentence of the petitioner.
Accordingly, it is ordered that the sentence imposed upon the petitioner shall stand suspended upon the petitioner executing a bond of `1 lakh with two solvent sureties each for the like sum to the satisfaction of the 1st Additional Sessions Court, Kozhikode and also on deposit of `25,000/- (Rupees twenty five thousand only) towards the fine. However it is clarified that, the petitioner shall be granted time for 30 days from the date of his release to make the deposit.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE ncd/25.08.2022 25-08-2022 /True Copy/ Assistant Registrar