Ajesh C vs State Of Kerala
2022 Latest Caselaw 6353 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                  THE HONOURABLE MRS. JUSTICE MARY JOSEPH
           Friday, the 3rd day of June 2022 / 13th Jyaishta, 1944
            CRL.M.APPL.NO.1/2022 IN CRL.REV.PET NO. 398 OF 2022
              SC 270/2016 OF ASSISTANT SESSIONS COURT, KANNUR
             CRA 271/2019 OF SESSIONS COURT, THALASSERY, KANNUR
PETITIONER/PETITIONER

     AJESH C., AGED 47 YEARS, S/O SANKARAN, CHEMBACHEERE VEETIL,
     EZHILODE, CHERUTHAZHAM AMSOM DESOM, KANNUR DISTRICT.

RESPONDENT/RESPONDENT/COMPLAINANT & STATE

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

     Application praying that in the circumstances stated therein the
High Court be pleased to suspend the conviction and sentence imposed upon
the petitioner in SC.No.270/2016 on the file of Asst.Sessions Court,Kannur
as confirmed in Crl. Appeal No. 271/2019 of Sessions Court, Thalassery
dated 16.3.2022 and release the petitioner on bail in the ends of justice.

     This Application coming on for admission upon perusing the
application and upon hearing the arguments of THAYYIB SHA P.S., NIVED K.V,
Advocates for the petitioner and the PUBLIC PROSECUTOR for the respondent,
the Court passed the following:




                                                      p.t.o
                             MARY JOSEPH, J
              ----------------------------------------------
                        Crl.M.A.No.01 of 2022
                                    &
                        Crl.R.P.No.398 of 2022
              -----------------------------------------------
                Dated this the 03rd day of June, 2022


                               ORDER

Crl.R.P.No.398 of 2022

Admit. Learned Public Prosecutor takes notice for the

respondent.

Crl.M.A.No.01 of 2022

This is an application filed under Section 397 of the Code of

Criminal Procedure, 1973 (for short 'Cr.P.C') seeking to suspend

execution of the sentence imposed by the judgment assailed in the

revision.

2. The petitioner was found guilty for an offence punishable

under Section 8(2) of the Kerala Abkari Act and was sentenced to

undergo rigorous imprisonment for three years and to pay a fine of

Rs.1,00,000/- and to undergo rigorous imprisonment for one month,

in case of default in payment of fine. The judgment of the Assistant

Sessions Court, Kannur (for short 'the trial court') was assailed by

the petitioner in Crl.Appeal No.271/2019 and Court of Sessions, Crl.M.A.No.1/2022 & Crl.R.P.No.398/2022

Thalassery (for short 'the appellate court') confirmed the finding

of guilt, conviction and sentence. Against that the petitioner has

approached this Court in the revision on hand. The sentence

being three years, this Court is inclined to allow the application

and to suspend the execution of sentence.

In the result, application stands allowed. Execution of the

sentence imposed stands suspended on execution by the

petitioner of a bond for Rs.1,00,000/- (Rupees One lakh only)

with two solvent sureties each for the like sum to the satisfaction

of the trial court. It is submitted by the learned counsel that the

fine amount is already deposited in court in compliance of the

direction of Court of Sessions, Thalassery in Crl.Appeal

No.271/2019, while suspending the sentence.

Sd/-

MARY JOSEPH JUDGE NAB

03-06-2022 /True Copy/ Assistant Registrar