Xxxxxx vs State Of Kerala
2023 Latest Caselaw 5345 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
          Tuesday, the 25th day of April 2023 / 5th Vaisakha, 1945
               CRL.M.APPL.NO.1/2023 IN CRL.A NO. 436 OF 2023
        SC 116/2020 OF FAST TRACK SPECIAL COURT , KALPETTA, WAYANAD
APPELLANT/ACCUSED:

     XXX

RESPONDENT/COMPLAINANT:

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


     Application praying that in the circumstances stated therein the

High Court be pleased to suspend the sentence imposed in S.C.No.116/2020

dated 06/03/2023 of the Hon'ble Special Judge(Fast Track Court),Kalpetta

,Wayanad pending disposal of appeal.



     This Application coming on for orders upon perusing the application

and upon hearing the arguments of   M/S.SOJAN MICHEAL, CHACKO SIMON, ANTONY

ROBERT DIAS, DELWIN B.P., Advocates for the petitioner and of PUBLIC

PROSECUTOR for the respondent, the court passed the following:




   P.T.O
                        ZIYAD RAHMAN A.A., J.
   --------------------------------------------------------------------------
                         Crl.M.A. No.1 of 2023
                                      in
                      Crl.Appeal No.436 of 2023
  ---------------------------------------------------------------------------
               Dated this the 25th day of April, 2023


                                  ORDER

This is an application to suspend the sentence imposed

upon the petitioner. As per the judgment impugned in this case,

the petitioner was found guilty for the offences punishable under

Section 354 and 354A(2) of the Indian Penal Code and also

under Section 8 read with Section 7 of the Protection of Children

from Sexual Offences (POCSO) Act, 2012.

2. The petitioner was sentenced to undergo

imprisonment for various terms including rigorous imprisonment

for a period of four years. The petitioner is in custody since

06.03.2023. This application is submitted in such circumstances.

3. The learned Public Prosecutor opposed the prayer

sought by the petitioner.

Crl.Appeal No.436/2023

4. However, it is pointed out that, the petitioner is not

involved in any other cases. The petitioner is a person aged 65

years. Considering the facts and circumstances of the case and

also the fact that the petitioner is in custody since 06.03.2023

onwards, I deem it appropriate to pass an order suspending the

sentence imposed upon him.

While taking the above view, I have also considered the fact

that the hearing of the appeal is likely to take some time. In such

circumstances, it is ordered that, the sentence imposed upon the

petitioner shall stand suspended upon the petitioner executing a

bond for `1 lakh with the solvent sureties each for the likesum to

the satisfaction of the Special Judge, (Fast Track Special Court),

Kalpetta and also on deposit of 50% of the fine imposed.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE ncd//25.04.2023

25-04-2023 /True Copy/ Assistant Registrar