IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
Thursday, the 23rd day of June 2022 / 2nd Ashadha, 1944
CRL.M.APPL.NO.1/2021 IN CRL.A NO. 813 OF 2021
SC 151/2019 OF II ADDITIONAL SESSIONS COURT,KOLLAM
PETITIONER/APPELLANT:
SIVA [email protected] AGED 28 YEARS NADAYIL PADINHATTATHIL, AYATHIL
CHERRY, VADAKKEVILA, KOLLAM DISTRICT-691 010
RESPONDENT/RESPONDENT:
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682 031
Application praying that in the circumstances stated therein the
High Court be pleased to suspend the sentence imposed on the
petitioner/appellant by the II-Additional Sessions Judge,Kollam,dated
06/11/2021 in S.C.No.151/2019,pending disposal of the criminal appeal.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of C.RAJENDRAN, B.N.HASKAR, Advocates for
the petitioner and PUBLIC PROSECUTOR for the respondent, the court passed
the following:
MARY JOSEPH, J.
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Crl.M.A. No.1 of 2021
in
Crl.A.No. 813 of 2021
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Dated this the 23rd day of June, 2022
ORDER
This is an application filed under Section 389 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C') seeking to suspend the execution of the sentence imposed against him by the trial court. The appellant is sentenced to undergo rigorous imprisonment for two years and to pay fine of Rs.25,000/- and in case of default in payment of fine, to undergo simple imprisonment for a further period of two months. He has approached this Court challenging the judgment of the trial court, by which sentence above mentioned stands imposed on him.
2. Learned Public Prosecutor on instructions submitted that the petitioner is having involvement in several other crimes. Details of the cases pending against are not furnished. In the case on hand the petitioner was convicted for an offence under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Crl.M.A. No.1 of 2021 in Crl.A.No. 813 of 2021 -:2:- Substances Act, 1985 (for short 'NDPS Act') for illegal possession of 1.130 Kgms of Ganja, which is only intermediary quantity.
In the above circumstances, this Court is inclined to allow the application. Execution of the sentence imposed on the petitioner by Additional Sessions Judge-II, Kollam stands suspended on execution of a bond by him for a sum of Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the likesum to the satisfaction of the trial court and on deposit of Rs.25,000/- (Rupees twenty five thousand only), being the fine amount.
Sd/-
MARY JOSEPH, JUDGE.
ttb 23-06-2022 /True Copy/ Assistant Registrar