Kerala High Court
Muhammed Rafi 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.1/2024 IN CRL.A NO. 1824 OF 2024
SC 1028/2019 OF SPECIAL COURT FOR SC/ST (POA) ACT & NDPS ACT CASES, MANJERI
APPLICANT/APPELLANT:
MUHAMMED RAFI, AGED 33 YEARS, S/O.SAITHALAVI, PURANKANDI HOUSE,
ARIMBRA HOUSE, MORAYUR VILLAGE, KONDOTTY TALUK, MALAPPURAM DISTRICT,
PIN - 673638
RESPONDENT/RESOPNDENT:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
Application praying that in the circumstances stated therein the
High Court be pleased to suspend the sentence imposed by the Special Court
of SC/ST (POA) Act & NDPS Act Cases, Manjeri in Crime No.1/2016 of Excise
Enforcement and Anti Narcotic Special Squad, Malappuram on the applicant
vide judgment dated 5/9/2024 in SC No 1028/2019 on the files of it and
release the applicants on bail pending disposal of the above Criminal
Appeal.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of M/S.K.R.ARUN KRISHNAN, DEEPA
K.RADHAKRISHNAN, JISSMON A KURIAKOSE, SANAL C.S, SIDHARTHAN M.T.,
O.T.JABISH, Advocates for the petitioner, and of the PUBLIC PROSECUTOR for
the respondent, the court passed the following:
p.t.o
K.BABU, J
-------------------------------------------------
Crl.M.A No.1 of 2024
in
Crl.A No.1824 of 2024
-------------------------------------------------
Dated this the 3rd day of October, 2024
ORDER
Heard both sides.
2. The petitioner/appellant is accused No.2 in S.C.
No.1028 of 2019 on the file of the Special Court for
SC/ST(POA) Act & NDPS Act Cases, Manjeri. He was
convicted under Section 20(b)(ii)(B) of the NDPS Act. He
was sentenced to undergo rigorous imprisonment for a
period of one year and pay a fine of Rs.10,000/-.
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 maximum sentence
imposed is one year of imprisonment and the disposal of
the appeal is likely to take time, this Court feels that
Crl.M.A. No.1/2024 in
execution of the sentence imposed on the petitioner is
liable to be suspended on conditions. Therefore, the
execution of the sentence imposed on the
petitioner/appellant shall stand suspended and bail
granted to him on the following conditions:-
i. The petitioner/appellant shall execute a bond
for Rs.1,00,000/- (Rupees One Lakh only) each
with two solvent sureties each for the like sum
to the satisfaction of the trial Court.
ii. The petitioner/appellant shall also deposit the
entire fine amount in the Trial Court within two
months from today.
iii. The petitioner/appellant shall appear before the
Investigating Officer on the first Wednesday of
every month between 10.00 AM and 11.00 AM.
Sd/-
K.BABU JUDGE
kkj
03-10-2024 /True Copy/ Assistant Registrar
