Kerala High Court
Sc Nos.420/2013 vs Joshi Das on 16 March, 2021
CRL.A 526/2016 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Present:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.R.ANITHA
Tuesday,the 16th day of March 2021/25th Phalguna, 1942
For information purpose only
CRL.M.A.No.1 of 2021 in CRL.A No.526/2016
SC Nos.420/2013 ,1048/2014 and 498/2015 of the SPECIAL ADDITIONAL
SESSIONS COURT(MARAD CASES) ,KOZHIKODE
PETITIONER/APPELLANT/ACCUSED NO.2
JOSHI DAS,AGED 43 YEARS,
S/O. BHASKARAN, ARANGATH (H), MUPPILIYAM P.O.,
THRISSUR DISTRICT.
RESPONDENT/RESPONDENT/COMPLAINANT/STATE
STATE OF KERALA
REP. BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
ERNAKULAM-682 031.(CRIME NO.47/2006 OF CBCID HHW-III, KOZHIKODE).
Petition praying that in the circumstances stated therein the High Court be
pleased to suspend the execution of sentence passed by the Special Addl.Sessions
Judge[Marad Cases] , Kozhikode , as per Common Judgment dated 30.01.2016 in
SC No.498/2015 for a period of one month so as to enable the petitioner to take
care of his ailing mother , in the interest of justice , by allowing this petition.
This petition coming on for orders upon perusing the petition and upon
hearing the arguments of M/S S.RAJEEV, D.FEROZE,
K.K.DHEERENDRAKRISHNAN, V.VINAY, Advocates for the petitioner and the
PUBLIC PROSECUTOR for the respondent, the court passed the following:
P.T.O
K. VINOD CHANDRAN & M.R.ANITHA, JJ.
----------------------------------------------------
Crl.M.A.No.1 of 2021
in
Crl.A.No.526 of 2016
---------------------------------
Dated this the 16th day of March, 2021
For information purpose only
ORDER
M.R. Anitha, J.
Petition filed for interim suspension of sentence for a
period of one month passed against the petitioner/appellant
No.1/accused No.1 in S.C.No.498/2015 & connected cases on
the file of Special Additional Sessions Judge (Marad Cases),
Kozhikode. Petitioner has been convicted u/s.143, 147, 148,
341, 364, 395, 307, 302 r/w. 149 IPC and S.120B of IPC.
2. According to the petitioner, his mother is aged 81
years and is suffering from neurological illness and needs
effective care. The mother is not in a position to take care of
herself. The certificate issued by the doctor attached to Lal
Memorial Hospital, Irinjalakuda has been produced, which
would show that she needs dearest and immediate relatives or
heirs to give supportive care and the condition is terminally
critical.
3. Notice was issued to the learned Public Prosecutor.
Crl.M.A.No.1 of 2021
in
Crl.A.No.526 of 2016
4. Heard both sides.
5. The mother of the petitioner is 81 years old. The
medical certificate would go to show that her condition is
For information purpose only
terminally critical and she needs supportive care from immediate
relations. Having regard to the facts and circumstances, we are
inclined to grant interim suspension of sentence for a period of
fifteen days starting from the date of his release on the following
conditions:
1. Petitioner/appellant No.1/accused No.1 shall be released on
interim bail on executing a bond for Rs.50,000/- (Rupees
fifty thousand only) with two solvent sureties for the like
sum to the satisfaction of the trial court.
2. From the date of his release, he shall appear before the
Station House Officer concerned, on every Monday in
between 9.00 a.m and 10.00 a.m.
3. On the next date of expiry of fifteen days, he shall report
before the Superintendent, Central Prison concerned at
10.00 a.m.
4. He shall not involve in any offence while on bail.
5. If the conviction and sentence of the petitioner/appellant
Crl.M.A.No.1 of 2021
in
Crl.A.No.526 of 2016
No.1/accused No.1 is upheld or even modified, the time
during which he is so released shall be excluded in
computing the term of his sentence as provided in Section
For information purpose only
389(4) Cr.P.C.
Sd/-
K. VINOD CHANDRAN
JUDGE
Sd/-
M.R.ANITHA
Shg JUDGE
/true copy/ Sd/- ASSISTANT REGISTRAR
