Lijo Varghese vs State Of Kerala
2021 Latest Caselaw 16302 Ker

CRL.A No.507/2021                         1/3

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                       THE HONOURABLE MR. JUSTICE P.SOMARAJAN
            Wednesday, the 4th day of August 2021 / 13th Sravana, 1943
                  CRL.M.APPL.NO.1/2021 IN CRL.A NO. 507 OF 2021
          SESSIONS CASE NO.429/2018 OF THE SESSIONS COURT-II, PALAKKAD.
   PETITIONERS/APPELLANTS

      1. LIJO VARGHESE, AGED 31 YEARS,S/O. VARGHESE, ALANGATTUKKARAN HOUSE,
         OLARIKKARA, PULLAZHI VILLAGE, THRISSUR DISTRICT. PRESENT ADDRESS
         LIJO VARGHESE, AGED 31 YEARS, S/O. VARGHESE, EDAKKUNNI, MANALATTIL,
         EDAKKUNNI, THRISSUR 680 306
      2. JENSON FERNANDUS AGED 26 YEARS, S/O. FERNANDUS, UMMAPPULLI VEEDU,
         OLARIKKARA, PULLAZHAI VILLAGE, THRISSUR 680 612

   RESPONDENT:

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

        petition praying that in the circumstances stated therein the High
   Court be pleased to suspend the execution of the sentence including
   recovery of the fine amount passed in judgment dated 26.07.2021 in
   S.C.No.429/2018, on the files of the Court of Addl.Sessions Judge-II,
   Palakkad, pending the appeal.
        This petition coming on for orders upon perusing the petition and
   upon hearing the arguments of P.JAYARAM, GIGI PAPPACHAN, SARATH CHANDRAN
   K.B., Advocates for the petitioners and PUBLIC PROSECUTOR for the
   respondent, the court passed the following:




                                                                            p.t.o
 CRL.A No.507/2021                               2/3



                                          P.SOMARAJAN, J.
                          -------------------------------------------------------
                               Crl.M.A.1/2021 in Crl.A.507/2021
                         --------------------------------------------------------
                            Dated this the 4th day of August 2021

                                                ORDER

In so far as accused No.2 is concerned, no bad

antecedents are reported. The sentence awarded is

rigorous imprisonment for five years and a fine of

Rs.50,000/- with default sentence to both the

appellants i.e. accused No.1 and 2. He had

undergone detention for a period of three months.

As such, I am of the view that sentence on the

accused No.2, who is the appellant No.2 can be

suspended on executing a bond for Rs.1,00,000/-

(Rupees One Lakh only) with two solvent sureties

each for the like sum and also on deposit of

Rs.50,000/- being the fine amount ordered within

one month from today, to the satisfaction of the

learned trial Judge and I do so.

2. In so far as accused No.1 is concerned, one

more bad antecedent is reported. As such, it is

not at all fit and proper to suspend the sentence

on him. It is also brought to the notice of this CRL.A No.507/2021 3/3

Crl.M.A.1/2021 in Crl.A.507/2021

Court that the trial court has committed a mistake

regarding the set off granted and instead of three

months, it is stated as three years and 25 days

from 16/1/2017 till 11/02/2020. Any way, it is a

matter to be corrected at the time of final

disposal of the appeal, hence left open.

Post the appeal for final hearing.

Sd/-

P.SOMARAJAN, JUDGE msp

04-08-2021 /True Copy/ Assistant Registrar