Kerala High Court
Sabah Rahman vs State Of Kerala on 8 November, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
Friday, the 8th day of November 2024 / 17th Karthika, 1946
CRL.M.APPL.NO.1/2024 IN CRL.A NO.2040 OF 2024
SC 561/2023 OF FAST TRACK SPECIAL COURT (POCSO), PARAPPANANGADI
APPLICANT/APPELLANT:
SABAH RAHMAN, AGED 26 YEARS,
S/O BEERAN MOIDEEN, KANIYARTHODIKA VALIL HOUSE,
KARAKKATT PARAMB, KARIPPUR,
MALAPPURAM, PIN - 673638.
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 passed by the Court of
Special Judge, Fast Track Special Court (POCSO), Parappanangadi vide its
judgment dated 30.09.2024 in Sessions Case No.561/2023 and to grant bail
to the applicant/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.C.KHAMARUNNISA,
K.SHAMSUDHEEN, ARUN CHAND, RASSAL JANARDHANAN A., GOVIND G. NAIR, BHARAT
VIJAY P., Advocates for the petitioner and of the PUBLIC PROSECUTOR for
the respondent, the court passed the following:
P.T.O.
C.S.SUDHA, J.
--------------------------------------------------------------
Crl.M.Appl. No.1 of 2024
in
Crl. Appeal No.2040 of 2024
&
Crl. Appeal No.2040 of 2024
---------------------------------------------------------------
Dated this the 08th day of November 2024
ORDER
This application under Section 389(1) Cr.P.C. has been filed
seeking suspension of sentence of the applicant/accused in
S.C.No.561 of 2023 on the file of the Court of Session, Manjeri.
He has been found guilty of the offences punishable under
Sections 341, 354 A (2) read with Section 354 A (1)(i), 363 of
IPC, and Section 8 read with Section 7 of the PoCSO Act. He has
been sentenced to varying terms of imprisonment for the aforesaid
offences. The sentences have been directed to run concurrently.
The maximum period of imprisonment he will have to undergo is
4 years.
in
&
2. The application is opposed by the learned public
prosecutor.
3. Heard both sides.
4. In the facts and circumstances of the case and in the
interest of justice, the sentence is suspended till the disposal of
the appeal subject to the following conditions:-
i) The applicant/accused shall be released on
bail on executing a bond for ₹50,000/- (Rupees
fifty thousand only) with two solvent sureties
each for the like sum to the satisfaction of the
trial court;
ii) He shall deposit half of the total fine
amount within a period of one month from the
date of receipt of a copy of this order;
iii) He shall not commit any offence(s) while
on bail;
iv) He shall not in any way contact or
in
&
attempt to contact the victim or family
member(s) in any manner;
v) If the conviction and sentence of the
applicant is upheld or even modified, the time
during which he is so released shall be
excluded in computing the term of his
sentence as provided in Section 389(4) Cr.P.C.;
vi) It is also made clear that if any of the
conditions are violated, the bail shall stand
cancelled.
Post for compliance to 20/03/2025.
Sd/-
C.S.SUDHA
JUDGE
Jms
08-11-2024 /True Copy/ Assistant Registrar
