Faisal A. Samad vs State Of Kerala
2024 Latest Caselaw 28810 Ker

Kerala High Court

Faisal A. Samad vs State Of Kerala on 3 October, 2024

Author: K. Babu

Bench: K. Babu

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                    THE HONOURABLE MR.JUSTICE K. BABU
          Thursday, the 3rd day of October 2024 / 11th Aswina, 1946
            CRL.M.APPL.NO.2/2023 IN CRL.REV.PET NO. 1098 OF 2023
  ST 1724/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, PERINTHALMANNA
                   CRA 62/2021 OF SESSIONS COURT, MANJERI
APPLICANT/REVISION PETITIONER:

     FAISAL A.SAMAD, C/O. FIROSE TRADERS, (IMPORT AND EXPORTS), KOTTAYIL
     KOVILAKAM, CHENDAMANGALAM, ERANAKULAM DISTRICT.

RESPONDENTS/RESPONDENTS

  1. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
     KERALA, ERNAKULAM - 682031.
  2. HAMSAKUTTY, S/O. KUTTYHASSAN (LATE), PERINCHEERI HOUSE,
     MAKKARAPARAMBA, MALAPPURAM DISTRICT - 676507.

     Application praying that in the circumstances stated therein the
High Court be pleased to suspend the execution of sentence imposed on the
petitioner as per the judgment dated 27.07.2022 in Crl.A.No.62/2021 before
the Sessions Court at Manjeri, which confirmed the judgment in S.T.No
1724/2015 dated 31.08.2021 on the files of the Judicial First Class
Magistrate Court - II, at Perinthalmanna, pending final disposal of the
above Criminal Revision Petition.
     This application coming on for orders upon perusing the application,
and upon hearing the arguments of M/S. SREEKANTH S. NAIR, SANDEEP P
JOHNSON, Advocates for the petitioner and of the PUBLIC PROSECUTOR for the
first respondent, the Court passed the following:

                                                                   P.T.O.
                              K.BABU, J.
               ------------------------------------
                      Crl.R.P.No. 1098 of 2023
                                  &
           Crl.M.A No.2 of 2023 in Crl.R.P.No. 1098 of 2023
               ------------------------------------
               Dated this the 3rd day of October, 2024

                              ORDER

Admit. The learned Public Prosecutor takes notice for

respondent No.1. Issue notice to respondent No.2.

2. The revision petitioner has been convicted under Section

138 of the Negotiable Instruments Act. He has been sentenced to

undergo imprisonment till rising of the Court and pay a fine of

Rs.85,200/-.

3. Heard both sides.

The disposal of the revision is likely to take time. Having

regard to the fact that the disposal of the revision petition is likely

to take time, this Court feels that the execution of the sentence

imposed on the revision petitioner is liable to be suspended on

conditions. Therefore, the execution of the sentence imposed on

the revision petitioner shall stand suspended and bail granted to

him on the following conditions:

&

in

(i) The revision petitioner 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 revision petitioner shall also deposit 20% of

the fine amount in the Trial Court within one

month from this date. If he has already remitted

20% of the fine amount before the Trial Court, he

is not required to comply with the above

condition.

Sd/-

K.BABU, JUDGE KAS

03-10-2024 /True Copy/ Assistant Registrar