Citation : 2023 Latest Caselaw 530 Ker
Judgement Date : 11 January, 2023
CRL.A No.1376/2022 1/1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
Wednesday, the 11th day of January 2023 / 21st Pousha, 1944
CRL.M.APPL.NO.1/2022 IN CRL.A NO. 1376 OF 2022
SC 356/2020 OF FAST TRACK SPECIAL COURT, KOTTAYAM
PETITIONER/APPELLANT IN CRL.APPEAL:
SHAJI A. D., AGED 50 YEARS, S/O. DAMODHARAN, ANPATHIL HOUSE,
VAIKAPRAYAR KARA, UDAYANAPURAM VILLAGE, KOTTAYAM DISTRICT,PIN -
686146.
RESPONDENTS/RESPONDENTS IN CRL.APPEAL:
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682531.
2. THE DEPUTY SUPERINTENDENT OF POLICE, VAIKOM POLICE STATION, VAIKOM
P.O., KOTTAYAM DISTRICT, PIN - 686141.
3. XXX
Application praying that in the circumstances stated therein the
High Court be pleased to suspend the execution of sentence imposed on the
appellant/accused by judgment dated 25.12.2022 in SC No.356/2020 on the
file of the Court of the Fast Track Special Judge, Kottayam, pending
disposal of the Criminal Appeal.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of M/S. LIJI.J.VADAKEDOM, TOM E. JACOB,
REXY ELIZABETH THOMAS, ATHUL V. VADAKKEDOM, Advocates for the petitioner
and of the PUBLIC PROSECUTOR for the respondents, the court passed the
following:
ORDER
Heard the learned counsel for the petitioner. Even though notice has been served to the victim, there is no appearance.
The execution of sentence shall stand suspended on condition that the petitioner shall execute a bond for Rs.1,00,000/- (Rupees One Lakh only), with two solvent sureties for the like sum each, to the satisfaction of the court below and on further condition that the petitioner shall deposit the entire fine amount at the court below, within one month.
Sd/- DR. KAUSER EDAPPAGATH,JUDGE
11-01-2023 /True Copy/ Assistant Registrar
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