Jaison V. George, S/O George Philipose vs State Of Kerala
2024 Latest Caselaw 12625 Ker

Citation : 2024 Latest Caselaw 12625 Ker
Judgement Date : 21 May, 2024

Kerala High Court

Jaison V. George, S/O George Philipose vs State Of Kerala on 21 May, 2024

Author: K.Babu

Bench: K. Babu

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                    THE HONOURABLE MR.JUSTICE K. BABU
           Tuesday, the 21st day of May 2024 / 31st Vaisakha, 1946
                CRL.M.APPL.NO.1/2024 IN CRL.A NO.830 OF 2024
          SC 281/2017 OF ADDITIONAL SESSIONS COURT - II, ALAPPUZHA
APPLICANT/APPELLANT:

     JAISON V. GEORGE, AGED 26 YEARS,
     S/O GEORGE PHILIPOSE, VADAKKEMANNIL VEEDU,
     KAKKOODUMAN P.O., NARANAMMOOZHI PANCHAYATH,
     RANNI, PATHANAMTHITTA

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 execution of the sentence passed in
Judgment dated 22.04.2024 in S.C.No.281/2017 of the 2nd Additional
Sessions Court Alappuzha pending disposal of the above Criminal Appeal and
grant bail to the applicant.


     This Application coming on for orders upon perusing the application
and upon hearing the arguments of M/S.TITUS MANI, THOMAS ANTONY
KALLANPALLY, N.S.RADHAKRISHNAN, SUNILA KUMARI P.G., P.A.JACOB, BINNY
THOMAS, SWAROOP A.P., Advocates for the petitioner and of the PUBLIC
PROSECUTOR for the respondent, the court passed the following:




                                                                     P.T.O.
                              K.BABU, J.
                  -------------------------------------
                   Crl.A.No.830 of 2024 and
                     Crl.M.A.No.1 of 2024
                              in
                     Crl.A.No.830 of 2024
                  ----------------------------------------
                Dated this the 21st day of May, 2024

                             ORDER

Admit. The learned Public Prosecutor takes notice for

the respondent.

Heard both sides.

2. The petitioner/appellant No. 1 has been convicted under

Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic

Substance Act and sentenced to undergo rigorous imprisonment

for a period of two years.

3. The learned Public Prosecutor opposed the application

seeking suspension of sentence.

4. The disposal of the appeal is likely to take time. Having

regard to the fact that 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 petitioner/appellant

No. 1 shall stand suspended and bail granted to him on the

following conditions:

(i) The petitioner shall execute bond for Crl.A.No.830 of 2024 and Crl.M.A.No.1 of 2024 in Crl.A.No.830 of 2024

Rs.1,00,000/- (Rupees One Lakh Only) with two

solvent sureties each for the like sum to the

satisfaction of the Trial Court.