Kerala High Court
Najeeb 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.1902 OF 2024
SC 570/2017 OF ADDITIONAL SESSIONS COURT - III, MAVELIKKARA
APPLICANTS/APPELLANT:
1. NAJEEB, AGED 36 YEARS, S/O. SALIM, VALAYYATHU HOUSE, KMC, 5TH WARD,
PATHIYOOR VILLAGE, KAYAMKULAM, ALAPPUZHA DISTRICT, PIN - 690106.
2. NAJEEM, AGED 43 YEARS, S/O. SADHIQUE, PANIPPURA THEKKATHIL, KMC,
35TH WARD, KAYAMKULAM VILLAGE, KAYAMKULAM, ALAPPUZHA DISTRICT, PIN -
690502.
3. ANSARI, AGED 35 YEARS, S/O.SHAHUL HAMEED, SHAHANA MANZIL, XIII WARD,
THEKKUKOCHU MURI, KRISHNAPURAM, KAYAMKULAM, ALAPPUZHA, PIN - 627011.
4. RIYAZ, AGED 36 YEARS, S/O. UBAID, RIYAS MANZIL, XVII WARD,
ARATTUPUZHA, ALAPPUZHA, NOW RESIDING AT PANIKKANTE KIZHAKKATHIL
VEETTIL, PATHIYOOR, KAYAMKULAM, ALAPPUZHA DISTRICT, PIN - 690106.
5. ANSHAD ASHARAF, AGED 38 YEARS, S/O. ASHARAF, MANAYIL THEKKATHIL
VEEDU, KOTTAIKKUPURAM MURI, KULASEKHARAPURAM, ALAPPUZHA, PIN -
690523.
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 imposed by the Additional
Sessions Court - III, Mavelikkara in judgment dated 30.09.2024 in
S.C.No.570/2017 against the appellants and release them on bail, pending
disposal of the above appeal in the interest of justice.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of M/S.M.A.AHAMMAD SAHEER, E.A.HARIS,
MUHAMMED YASIL, Advocates for the petitioners 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 Nos.1902 of 2024
&
Crl. Appeal Nos.1902 of 2024
---------------------------------------------------------------
Dated this the 08th day of November 2024
ORDER
This application under Section 430(1) of the Bharatiya Nagarik
Suraksha Sanhita, 2023, has been filed seeking suspension of sentence of
the applicants/accused persons in S.C.No.570 of 2017 on the file of the
Court of Session, Alappuzha. They have been found guilty of the
offences punishable under Sections 143, 147, 148, 341, 323, 326 and 307
read with Section 149 IPC. They have been sentenced to varying terms
of imprisonment for the aforesaid offences. The sentences have been
directed to run concurrently. Therefore the maximum period of
imprisonment they will have to undergo is five years.
The sentence is suspended till the disposal of the appeal subject to
the following conditions:-
in
&
i) The applicants/accused persons shall be released
on bail on executing a bond for ₹50,000/- (Rupees
fifty thousand only) each with two solvent sureties
each for the like sum to the satisfaction of the trial
court;
ii) They shall deposit the total fine amount within a
period of two months from the date of receipt of a
copy of this order;
iii) They shall not commit any offence(s) while on
bail;
iv) They shall not in any way contact or 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 430(4)
BNSS;
in
&
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
ak
08-11-2024 /True Copy/ Assistant Registrar
