Kerala High Court
Xxxxxx vs The State Of Kerala on 25 April, 2023
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.1/2022 IN CRL.A NO. 1332 OF 2022
SC 237/2022 OF FAST TRACK SPECIAL COURT, CHANGANASSERY
APPELLANT/ACCUSED:
XXX
RESPONDENT/COMPLAINANT:
THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM, - 682031
Application praying that in the circumstances stated therein the
High Court be pleased to suspend the sentence passed against the
petitioner in S.C.No.237/2022 in the Court of the Fast Track Special Judge
, Changanassery , pending disposal of the Criminal Appeal.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of SRI.SAJEEV KUMAR K.GOPAL, Advocate for
the petitioner and of PUBLIC PROSECUTOR for the respondent, the court
passed the following:
P.T.O
ZIYAD RAHMAN A.A., J.
---------------------------------------------
Crl.Appeal No.1332 of 2022
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Dated this the 25th day of April, 2023.
ORDER
Crl.M.Appln.No.1 of 2022
This is an application to suspend the sentence
imposed upon the appellant as per the impugned judgment
passed in S.C.No.237 of 2022, wherein the Fast Track Special
Judge, Changanassery found the petitioner guilty for the
offences punishable under Section 354 A (1)(i) of the Indian
Penal Penal Code and Section 7 read with 8 of the Protection
of Children from Sexual Offences Act, 2012.
2. Consequently, the appellant was sentenced to
undergo rigorous imprisonment for 3 years and a fine of
Rs.25,000/- with default sentence for 6 months of simple
imprisonment for the offence punishable under Section 354 A
(1)(i) of the Indian Penal Penal Code and rigorous
imprisonment for 5 years and fine of Rs.25,000/- with default
sentence of 1year simple imprisonment under Section 7 read
with 8 of the Protection of Children from Sexual Offences Act,
2012. The aforesaid judgment was passed on 30.11.2022 and
since then, the appellant has been undergoing imprisonment.
The application for suspending the sentence was submitted in
such circumstances.
3. On the other hand, the learned Public Prosecutor
opposed the aforesaid submission and a detailed objection to
the application was also submitted. It was pointed out that no
special circumstances are in existence for suspending the
sentence as contemplated under Section 389(1) of Cr.P.C.
4. I have gone through the records and heard the
contentions raised by both sides.
5. The fact remains that the appellant is in custody
since 30.11.2022, with the highest punishment imposed as 5
years of imprisonment.
6. After considering all the relevant aspects and also
the period of imprisonment that the appellant had already
undergone, I am of the view that the sentence imposed upon
the appellant can be suspended by imposing appropriate
condition to ensure that he is not contacting the victim. While
considering this, I have taken note of the fact that hearing of
the appeal is likely to take some time.
In such circumstances, it is ordered that the
substantive sentence of imprisonment alone shall stand
suspended upon the appellant executing a bond for
Rs.1,00,000/- with two solvent sureties each for the likesum to
the satisfaction of the Fast Track Special Court,
Changanassery. The petitioner shall also not make any
attempt to contact any of the prosecution witnesses, directly
or through any other person, or in any other way try to tamper
with the evidence or influence any witnesses or other persons
related to the investigation.
Sd/-
ZIYAD RAHMAN A.A.
smm JUDGE
25-04-2023 /True Copy/ Assistant Registrar
