Xxxxxxxxxxxxxx vs State Of Kerala
2023 Latest Caselaw 7883 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                     THE HONOURABLE MR.JUSTICE K. BABU
          Wednesday, the 26th day of July 2023 / 4th Sravana, 1945
                CRL.M.APPL.NO.1/2023 IN CRL.A NO.758 OF 2023
             SC 347/2019 OF FAST TRACK SPECIAL COURT, KOZHIKODE
PETITIONER/APPELLANT:

     XXX

RESPONDENT/RESPONDENT:

     STATE OF KERALA
     REPRESENTED BY THE PUBLIC PROSECUTOR,
     HIGH COURT OF KERALA,
     ERNAKULAM, PIN - 682031.


     Application praying that in the circumstances stated therein the
High Court be pleased to suspend the sentence and fine imposed by the
Court below by impugned Judgment dated 28.04.2023 in Sessions Case No.347
of 2019 on the file of the Fast Track Special Court, Kozhikode, till the
disposal of the appeal.


     This Application coming on for orders upon perusing the application
and upon hearing the arguments of M/S. P. MOHAMED SABAH, LIBIN STANLEY,
SAIPOOJA, SADIK ISMAYIL, R. GAYATHRI, M. MAHIN HAMZA, ALWIN JOSEPH,
Advocates for the petitioner and of the PUBLIC PROSECUTOR for the
respondent, the court passed the following:




                                                                     P.T.O.
                              K.BABU, J.
     ..................................................................
                     Crl.M.A.No.1 of 2023
                                    in
                     Crl.A.No.758 of 2023
   .....................................................................
         Dated this the 26th day of July, 2023

                             ORDER

Admit. Learned Public Prosecutor takes notice for

the respondent.

2. Heard both sides.

3. The petitioner has been convicted under

Section 10 read with Section 9(m) of the Protection of

Children from Sexual Offences Act. He has been

sentenced to undergo rigorous imprisonment for a

period of five years under Section 10 read with Section

9(m) of the Protection of Children from Sexual Offences

Act. The petitioner was on bail during the trial but did

not misuse his liberty.

3. The learned Public Prosecutor opposed the

application seeking suspension of sentence. Crl.M.A.No.1 of 2023 in Crl.A.No.758 of 2023

The disposal of the appeal is likely to take time.

Having regard to the fact that the sentence imposed is

five years of imprisonment and the disposal of the

appeal is likely to take time, this Court feels that

execution of the sentence imposed on the petitioner is

liable to be suspended. Therefore, the execution of the

sentence imposed on the appellant shall stand

suspended and bail granted to him on the following

conditions:

(i) The petitioner shall execute a bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties each for the like sum to the satisfaction of the Trial Court.

(ii) The petitioner shall deposit the entire fine amount in the Court below within a period of one month from today.

(iii) The petitioner shall appear before the Station House Officer, Panniyankara Police Station on the Crl.M.A.No.1 of 2023 in Crl.A.No.758 of 2023

last Wednesday of every month between 10 A.M. and 11 A.M

(iii) The petitioner shall appear before the District Probation Officer, Kozhikode on the first Wednesday of every month between 10 A.M. and 11 A.M

(iv) The petitioner shall not maintain any contact with the victim and other members of her family

Sd/-

K.BABU, JUDGE RK

26-07-2023 /True Copy/ Assistant Registrar