Citation : 2023 Latest Caselaw 11460 Ker
Judgement Date : 8 November, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
Wednesday, the 8th day of November 2023 / 17th Karthika, 1945
CRL.M.APPL.NO.1/2023 IN CRL.A NO.1518 OF 2023
SC 590/2021 OF FAST TRACK SPECIAL COURT, NILAMBUR
PETITIONER/APPELLANT/ACCUSED:
SULAIMAN, AGED 73 YEARS,
S/O. ALAVI, NEELENGODAN HOUSE,
VENNEERAMPOYIL, MAMPATTUMOOLA,
MALAPPURAM, PIN - 679332.
RESPONDENT/RESPONDENT/STATE:
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 passed by the Court of
Special Judge, Fast Track Special Court, Nilambur vide its judgment dated
20.09.2023 in Sessions Case No.590/2021 and to grant bail to the
petitioner/appellant in relation to the above case pending disposal of the
Criminal Appeal.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of M/S.THAREEQ ANVER K., K.SHAMSUDHEEN,
K.C.KHAMARUNNISA, ARUN CHAND, RASSAL JANARDHANAN A., BHARAT VIJAY P.,
GOVIND G. NAIR, Advocates for the petitioner and of the PUBLIC PROSECUTOR
for the respondent, the court passed the following:
P.T.O.
GOPINATH P., J.
-------------------------------------------------
Crl. M.A. No. 1 OF 2023
in
Crl. Appeal No. 1518 OF 2023
-------------------------------------------------
DATED THIS THE 8th DAY OF NOVEMBER, 2023
ORDER
Sentence of imprisonment imposed upon the applicant / appellant, in S.C.
No.590/2021 on the file of the Fast Track Special Court, Nilambur shall remain
suspended till disposal of the appeal, since consideration of the appeal may take
some time. This shall be on condition that the appellant executes a bond for a sum
of Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the
like sum to the satisfaction of that court and on further condition that he deposits
the entire fine amount imposed, before that Court, within a period of one month
from today, if not already deposited. The appellant shall not in any manner
establish contact with the victim and shall not in any manner act in prejudice to
the interests of the victim or family members of the victim. This is a condition
upon which the sentence is suspended and any violation of this condition will lead
to cancellation of the order suspending the sentence.
Sd/-
GOPINATH P.
JUDGE
AMG
08-11-2023 /True Copy/ Assistant Registrar
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