Sujimol vs State Of Kerala
2024 Latest Caselaw 32098 Ker

Kerala High Court

Sujimol vs State Of Kerala on 7 November, 2024

Author: K. Babu

Bench: K. Babu

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                    THE HONOURABLE MR.JUSTICE K. BABU
        Thursday, the 7th day of November 2024 / 16th Karthika, 1946
               CRL.M.APPL.NO.1/2024 IN CRL.A NO. 2118 OF 2024
   SC 199/2018 OF II ADDITIONAL DISTRICT COURT & SESSIONS COURT,PALAKKAD
APPLICANT/APPELLANT:

     SUJIMOL AGED 31 YEARS D/O SUKU, MULLAMKOTTUVILA, THATTARUKONAM POST,
     KOLLAM DISTRICT, PIN - 691005

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 sentence and fine imposed in Sessions
Case No.199 of 2018 dated 29.10.2024 on the file of Court of Additional
Sessions Judge-II,Palakkad, till the disposal of the appeal.
     This Application coming on for orders upon perusing the application
and upon hearing the arguments of P.MOHAMED SABAH, LIBIN STANLEY,
SAIPOOJA, SADIK ISMAYIL, M.MAHIN HAMZA, ALWIN JOSEPH, BENSON AMBROSE,
Advocates for the petitioner and PUBLIC PROSECUTOR for the respondent, the
court passed the following:
                           K.BABU, J.
    -------------------------------------------------------
                   Crl.A.No.2118 of 2024
                               &
                    Crl.M.A.No.1 of 2024
                               in
                   Crl.A.No.2118 of 2024
    --------------------------------------------------------
        Dated this the 7th day of November, 2024


                               ORDER

Admit.

The learned Public Prosecutor takes notice.

----------------------------

2. Heard both sides.

3. The appellant/petitioner has been convicted under

Section 20(b)(ii)(B) of the NDPS Act. She has been

sentenced to undergo rigorous imprisonment for a period of

one year and pay a fine of Rs.1,00,000/-. The appellant was

on bail during the trial but did not misuse her liberty.

4. The learned Public Prosecutor opposed the

application seeking suspension of sentence.

5. The disposal of the appeal is likely to take time.

The trial court in paragraph 39 of the judgment has

recorded that the petitioner has no criminal antecedents.

Having regard to the fact that the disposal of the appeal is

likely to take time and the petitioner has no criminal

antecedents, this Court feels that the execution of the

sentence imposed on the appellant/petitioner is liable to be

suspended on conditions. Therefore, the execution of the

sentence imposed on the appellant shall stand suspended

and bail granted to her on the following conditions:

(I) The appellant 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 appellant shall deposit the entire

fine amount in the Trial Court within a period of

one month from today.

(iii) The appellant shall appear before the

Investigating Officer on the first Wednesday of

every month between 10 A.M. and 11 A.M.

(iv) The appellant shall appear before the

District Probation Officer concerned on the last

Wednesday of every month between 10 A.M. and

11 A.M.

(v) The appellant shall not involve in any

other similar offence.

Sd/-

K.BABU, JUDGE

NM

07-11-2024 /True Copy/ Assistant Registrar