Jaison V. George, S/O George Philipose vs State Of Kerala

Kerala High Court

Jaison V. George, S/O George Philipose vs State Of Kerala on 21 May, 2024

Author: K.Babu

Bench: K. Babu

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                    THE HONOURABLE MR.JUSTICE K. BABU
           Tuesday, the 21st day of May 2024 / 31st Vaisakha, 1946
                CRL.M.APPL.NO.1/2024 IN CRL.A NO.830 OF 2024
          SC 281/2017 OF ADDITIONAL SESSIONS COURT - II, ALAPPUZHA
APPLICANT/APPELLANT:

     JAISON V. GEORGE, AGED 26 YEARS,
     S/O GEORGE PHILIPOSE, VADAKKEMANNIL VEEDU,
     KAKKOODUMAN P.O., NARANAMMOOZHI PANCHAYATH,
     RANNI, PATHANAMTHITTA

RESPONDENT/RESPONDENT:

     STATE OF KERALA,
     REPRESENTED BY PUBLIC PROSECUTOR,
     HIGH COURT OF KERALA,
     ERNAKULAM, PIN - 682031.


     Application praying that in the circumstances stated therein the
High Court be pleased to suspend the execution of the sentence passed in
Judgment dated 22.04.2024 in S.C.No.281/2017 of the 2nd Additional
Sessions Court Alappuzha pending disposal of the above Criminal Appeal and
grant bail to the applicant.


     This Application coming on for orders upon perusing the application
and upon hearing the arguments of M/S.TITUS MANI, THOMAS ANTONY
KALLANPALLY, N.S.RADHAKRISHNAN, SUNILA KUMARI P.G., P.A.JACOB, BINNY
THOMAS, SWAROOP A.P., Advocates for the petitioner and of the PUBLIC
PROSECUTOR for the respondent, the court passed the following:




                                                                     P.T.O.
                              K.BABU, J.
                  -------------------------------------
                   Crl.A.No.830 of 2024 and
                     Crl.M.A.No.1 of 2024
                              in
                     Crl.A.No.830 of 2024
                  ----------------------------------------
                Dated this the 21st day of May, 2024

                             ORDER

Admit. The learned Public Prosecutor takes notice for the respondent.

Crl.M.A.No.1 of 2024

Heard both sides.

2. The petitioner/appellant No. 1 has been convicted under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substance Act and sentenced to undergo rigorous imprisonment for a period of two years.

3. The learned Public Prosecutor opposed the application seeking suspension of sentence.

4. The disposal of the appeal is likely to take time. Having regard to the fact that the disposal of the appeal is likely to take time, this Court feels that execution of the sentence imposed on the petitioner is liable to be suspended. Therefore, the execution of the sentence imposed on the petitioner/appellant No. 1 shall stand suspended and bail granted to him on the following conditions:

(i) The petitioner shall execute bond for Crl.A.No.830 of 2024 and Crl.M.A.No.1 of 2024 in Crl.A.No.830 of 2024 2 Rs.1,00,000/- (Rupees One Lakh Only) with two solvent sureties each for the like sum to the satisfaction of the Trial Court.

(ii) The petitioner shall deposit the entire fine amount in the Court below within a period of two months from today.

Sd/-

K.BABU JUDGE Hand over VPK 21-05-2024 /True Copy/ Assistant Registrar