Shiju vs State Of Kerala
2024 Latest Caselaw 30137 Ker

Kerala High Court

Shiju vs State Of Kerala on 24 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 24th day of October 2024 / 2nd Karthika, 1946
                CRL.M.APPL.NO.1/2024 IN CRL.A NO.1721 OF 2024
            SC 744/2016 OF ADDITIONAL SESSIONS COURT II,PALAKKAD
APPLICNT/APPELLANT:

     SHIJU, AGED 25 YEARS,
     S/O.KANNAN, CHITHALIPALAM, PANJIRODE, KUZHALMANNAM,
     PALAKKAD, PIN - 678571.

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 on the applicant by
the judgment conviction and sentence in S.C.No.744/2016 of the Court of
Additional Sessions Judge No.II, Palakkad, dated 29.08.2024 and release
the applicant 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 SHRI V.A.JOHNSON (VARIKKAPPALLIL),
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.1721 of 2024
             ------------------------------------
             Dated this the 24th day of October, 2024


                               ORDER

Heard both sides.

2. The petitioner/accused No.3 has been convicted under

Section 20(b)(ii)(B) of NDPS Act. He has been sentenced to

undergo rigorous imprisonment for a period of seven years and

pay a fine of Rs.1,00,000/-.

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

regard to the fact that the disposal of the appeal is likely to take

time, this Court feels that 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 shall execute a bond for Rs.1,00,000/- (Rupees One Lakh Only) with two solvent sureties each for the like sum

in

to the satisfaction of the Trial Court.

(ii) The petitioner shall deposit Rs.50,000/-

being part of the fine amount in the Court below within a period of two months from today.

(iii) The petitioner shall appear before the Investigating Officer on the first Wednesday of every month between 10 A.M. and 11 A.M.

(iv) The petitioner shall appear before the District Probation Officer concerned on the last Wednesday of every month between 10 A.M. and 11 A.M.

Sd/-

K.BABU, JUDGE KAS

24-10-2024 /True Copy/ Assistant Registrar