Siva [email protected] vs State Of Kerala
2022 Latest Caselaw 7235 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MRS. JUSTICE MARY JOSEPH
          Thursday, the 23rd day of June 2022 / 2nd Ashadha, 1944
               CRL.M.APPL.NO.1/2021 IN CRL.A NO. 813 OF 2021

            SC 151/2019 OF II ADDITIONAL SESSIONS COURT,KOLLAM




PETITIONER/APPELLANT:

     SIVA [email protected] AGED 28 YEARS NADAYIL PADINHATTATHIL, AYATHIL
     CHERRY, VADAKKEVILA, KOLLAM DISTRICT-691 010

RESPONDENT/RESPONDENT:

     STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
     KERALA, ERNAKULAM-682 031

     Application praying that in the circumstances stated therein the
High Court be pleased to suspend the sentence imposed on the
petitioner/appellant by the II-Additional Sessions Judge,Kollam,dated
06/11/2021 in S.C.No.151/2019,pending disposal of the criminal appeal.
     This Application coming on for orders upon perusing the application
and upon hearing the arguments of C.RAJENDRAN, B.N.HASKAR, Advocates for
the petitioner and PUBLIC PROSECUTOR for the respondent, the court passed
the following:
                                MARY JOSEPH, J.
                     -----------------------
                            Crl.M.A. No.1 of 2021
                                      in
                            Crl.A.No. 813 of 2021
                     -----------------------
                    Dated this the 23rd day of June, 2022


                                  ORDER

This is an application filed under Section 389 of the Code of

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

the execution of the sentence imposed against him by the trial

court. The appellant is sentenced to undergo rigorous

imprisonment for two years and to pay fine of Rs.25,000/- and in

case of default in payment of fine, to undergo simple

imprisonment for a further period of two months. He has

approached this Court challenging the judgment of the trial court,

by which sentence above mentioned stands imposed on him.

2. Learned Public Prosecutor on instructions submitted that

the petitioner is having involvement in several other crimes.

Details of the cases pending against are not furnished. In the

case on hand the petitioner was convicted for an offence under

Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Crl.M.A. No.1 of 2021 in Crl.A.No. 813 of 2021

Substances Act, 1985 (for short 'NDPS Act') for illegal possession

of 1.130 Kgms of Ganja, which is only intermediary quantity.

In the above circumstances, this Court is inclined to allow

the application. Execution of the sentence imposed on the

petitioner by Additional Sessions Judge-II, Kollam stands

suspended on execution of a bond by him for a sum of

Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties

each for the likesum to the satisfaction of the trial court and on

deposit of Rs.25,000/- (Rupees twenty five thousand only), being

the fine amount.

Sd/-

MARY JOSEPH, JUDGE.

ttb

23-06-2022 /True Copy/ Assistant Registrar