Arun vs State Of Kerala
2023 Latest Caselaw 12527 Ker

Kerala High Court

Arun vs State Of Kerala on 22 November, 2023

Author: P Gopinath

Bench: P Gopinath

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR. JUSTICE GOPINATH P.
       Wednesday, the 22nd day of November 2023 / 1st Agrahayana, 1945
                CRL.M.APPL.NO.1/2023 IN CRL.A NO.1580 OF 2023
     SC 1175/2016 OF FAST TRACK SPECIAL COURT OF SESSION, NEYYATTINKARA
APPLICANT/APPELLANT:

     ARUN, AGED 33 YEARS, S/O VENU, AJITHA BHAVAN, KUZHIVILA, AALATHOR,
     ANAVOOR DESOM, ANAVOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT, PIN -
     695124.

RESPONDENT/RESPONDENT:

     STATE OF KERALA
     REPRESENTED BY 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 conviction and execution of sentence
passed against petitioner by judgment dated 18.10.2023 in S.C.No.1175/2016
by the Fast Track Special Court of Session, Neyyattinkara and to enlarge
the petitioner on bail, pending disposal of the Criminal Appeal, in the
interest of justice.


     This Application coming on for orders upon perusing the application
and upon hearing the arguments of SHRI R.T.PRADEEP, Advocate 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
                              And
                 Crl. A. No.1580 of 2023
              -------------------------------------
         Dated this the 22nd day of November, 2023


                           ORDER

Admit. Learned Public Prosecutor takes notice for the

respondent.

Considering the submission of the learned counsel for the

applicant/accused that the wife of the applicant/accused is

admitted for delivery, which fact is confirmed by the learned

Public Prosecutor, I am inclined to grant interim suspension of

sentence.

Accordingly, sentence of imprisonment imposed upon the

applicant/accused in S.C.No.1175/2016 on the file of the Fast

Track Special Court, Neyyattinkara, shall remain suspended for

a period of two months (till 27-01-2024). This shall be on

condition that the applicant/accused 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 50% of the fine

amount imposed, before that Court, within a period of one

month from today, if not already deposited. It is made clear

that no application for extension of this order suspending

sentence for a limited period will be considered under any

circumstances.

Sd/-

GOPINATH P. JUDGE ats

22-11-2023 /True Copy/ Assistant Registrar