Lubna vs State Of Kerala
2024 Latest Caselaw 29931 Ker

Kerala High Court

Lubna vs State Of Kerala on 22 October, 2024

Author: K. Babu

Bench: K. Babu

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                    THE HONOURABLE MR.JUSTICE K. BABU
          Tuesday, the 22nd day of October 2024 / 30th Aswina, 1946
             CRL.M.APPL.NO.1/2024 IN CRL.REV.PET NO. 1136 OF 2024
           CRA 64/2013 OF ADDITIONAL SESSIONS COURT - III, MANJERI
      CC 1790/2012 OF JUDICIAL FIRST CLASS MAGISTRATE COURT - I ,TIRUR
APPLICANT/REVISION PETITIONER:

     LUBNA, AGED 42 YEARS, D/O ABDURAHIMAN, RESIDING AT THADATHIL PUTHAN
     VEEDU, KOORIYAD P.O, CHADAYAMANGALAM, KOLLAM DISTRICT, PIN - 691534

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 execution of sentence ordered by the
Judicial First Class Magistrate Court - I, Tirur, Malappuram District in
C.C. No: 1790 of 2012 dated 23.02.2013, which was partly modified and
confirmed the rest by the Learned Additional Sessions Judge - III,
Manjeri, Malappuram District in Crl. Appeal No: 64 of 2013 vide judgment
dated 05.01.2016 in the interest of justice.

     This Application coming on for orders on 22.10.2024 upon perusing
the application, and upon hearing the arguments of Sri. P.T.SHEEJISH,
Advocate for the petitioner, and of the PUBLIC PROSECUTOR for the
respondent, the Court passed the following:

                                                                  P.T.O.
                        K.BABU.,J
           ---------------------
                CRL.R.P.No.1136 of 2024
        ---------------------------
         Dated this the 22th day of October, 2024

                                ORDER

Heard. Delay is condoned.

Admit.

2. The learned Public Prosecutor takes notice for

the respondent.

3. The revision petitioner has been convicted under

Sections 380 and 461 IPC, and sentenced to undergo

rigorous imprisonment for a period of 1 ½ years under

Section 380 IPC and six months under Section 461 IPC.

4. Heard both sides.

5. The disposal of the revision petition 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

her on the following condition:-

(i) The revision petitioner shall execute

bond for Rs.25,000/- (Rupees Fifty Thousand

only) with two solvent sureties each for the

like sum to the satisfaction of the trial Court.

Sd/-

K.BABU JUDGE

bng

22-10-2024 /True Copy/ Assistant Registrar