Jishnu S/O Thankarajan vs State Of Kerala
2022 Latest Caselaw 12201 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
         Thursday, the 22nd day of December 2022 / 1st Pousha, 1944
               CRL.M.APPL.NO.1/2022 IN CRL.A NO. 1320 OF 2022
 SC 34/2019 OF DISTRICT COURT & SESSIONS COURT, PALAKKAD(FOR TRIAL OF CASES
     RELATING TO NARCOTICS DRUGS AND PSYCHOTROPIC SUBSTANCES ACT 1985)
PETITIONER/APPELLANT/ACCUSED:

     JISHNU S/O THANKARAJAN AGED 29 YEARS NALOOR VEETTIL,
     MANGHATTUKANDIPARAMBHU, JAIL ROAD, PUTHIYARA DESOM, KASABA VILLAGE,
     KOZHIKODE TALUK,KOZHIKODE DISTRICT, PIN - 673004

RESPONDENT:

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

     Application praying that in the circumstances stated therein the
High Court be pleased to suspend the sentence passed on the 29th day of
November,2022 in S.C.No. 34/2019 on the file of the Court of the Sessions
Palakkad(For trial of cases relating to Narcotics Drugs and Psychotropic
Substances Act 1985) till the disposal of the above appeal in the interest
of justice.
     This Application coming on for orders upon perusing the application
and upon hearing the arguments of K.K.JAYARAJ NAMBIAR, SIDHARTH J NAMBIAR,
Advocates for the petitioner and PUBLIC PROSECUTOR for the respondent, the
court passed the following:
                     A.BADHARUDEEN, J.
                 -----------------------------------
                    Crl.M.A.No.1 of 2022
                                 in
                   Crl.A.No. 1320 of 2022
                 -----------------------------------
         Dated, this the 22nd day of December, 2022


                          ORDER

This is an application filed by the appellant/accused to

suspend sentence and to grant bail to the appellant/accused,

where he was convicted for the offence punishable under

Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic

Substances Act, 1985 (hereinafter referred to as 'the NDPS

Act' for convenience), and sentenced to undergo rigorous

imprisonment for a period of one year and to pay a fine of

Rs.15,000/-, by the Sessions Judge.

2. Heard the learned counsel for the

petitioner/appellant/accused as well as the learned Public

Prosecutor.

Crl.M.A.No.1 of 2022 in Crl.A.No. 1320 of 2022

3. The learned Public Prosecutor would submit that

the petitioner/appellant/accused has no criminal

antecedents.

4. Going through the judgment, at par with the

arguments advanced pointing out the innocence of the

appellant, the appellant has an arguable case. Therefore,

there is no reason to disallow the application and, therefore,

the petition to suspend the sentence is allowed on the

following conditions:

i) Appellant/accused shall deposit 50% of fine amount imposed by the Sessions Court within two weeks from today.

ii) The appellant/accused after deposit of the amount shall execute bail bond for a sum of Rs.60,000/- (Rupees sixty thousand only) with two solvent sureties each to the satisfaction of the Sessions Court, within a further period of one week.

Crl.M.A.No.1 of 2022 in Crl.A.No. 1320 of 2022

iii) Appellant/accused shall not involve in any other crimes and any such involvement if reported or came to the knowledge of this Court, the same is a reason to cancel this order/suspending sentence and consequential cancellation of bail hereby granted.

Sd/-

A. BADHARUDEEN, JUDGE nkr

22-12-2022 /True Copy/ Assistant Registrar