Kerala High Court
Noufal vs State Of Kerala on 5 September, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
Thursday, the 5th day of September 2024 / 14th Bhadra, 1946
CRL.M.APPL.NO.1/2024 IN CRL.REV.PET NO. 918 OF 2024
CC 656/2019 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, CHITTUR
CRA 116/2020 OF ADDITIONAL DISTRICT & SESSIONS COURT-III, PALAKKAD
APPLICANTS/REVISION PETITIONERS:
1. NOUFAL, AGED 35 YEARS, S/O.SAIFUDHEEN, H.NO.100/12, GM NAGAR,
UKKADAM, COIMBATORE CITY, COIMBATORE, TAMIL NADU - 641008.
2. SHAMNAS, AGED 35 YEARS, S/O.HANEEFA, DOOR NO.378/12, MAJEED
COLONY, UKKADAM, COIMBATORE CITY, COIMBATORE, TAMIL NADU - 641008.
RESPONDENTS/RESPONDENTS:
THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM - 682031.
Application praying that in the circumstances stated therein the
High Court be pleased to suspend the execution of sentence imposed by the
judgment dated 24/07/2024 in Criminal Appeal No.116/2020 on the file of
III Additional District & Sessions Court, Palakkad and judgment dated
12/03/2020 in C.C.No.656/2019 on the file of the Judicial First Class
Magistrate Court, Chittur pending 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. ABDUL JAWAD K., U.MUHAMMED
MUSTHAFA, A.GRANCY JOSE, Advocates for the petitioners and of the PUBLIC
PROSECUTOR for the respondent, the Court passed the following:
P.T.O.
A.BADHARUDEEN, J.
-----------------------------------
Crl.R.P.No. 918 of 2024
&
Crl.M.A.No.1 of 2024
in
Crl.R.P.No. 918 of 2024
-----------------------------------
Dated, this the 5th day of September, 2024
ORDER
Heard. Admitted.
Since there is lack of clarity regarding the identity of
MO1, which was alleged to be stolen away by the accused,
call for the trial court records and post for hearing on
29.11.2024.
This is an application filed by the revision
petitioners/appellants/accused Nos.1 and 2 to suspend
sentence and to grant bail to them, where they were
convicted for the offence punishable under Section 394 r/w
34 of IPC and sentenced to undergo rigorous imprisonment
for one year and to pay fine of Rs.5,000/- each under Section
Crl.M.A.No.1 of 2024 in
394 r/w 34 of IPC and in default of payment of fine, they shall
undergo simple imprisonment for one month each.
2. Heard the learned counsel for the revision
petitioners/appellants/accused Nos.1 and 2 and the learned
Public Prosecutor. I have gone through the concurrent verdicts.
3. Since identity of MO1 is in dispute, I am inclined to
suspend the sentence imposed by the trial court and confirmed
by the appellate court and to release them on bail on the
following conditions:
i) The revision petitioners/appellants/accused
Nos.1 and 2 shall deposit the fine amount
imposed by the Judicial First Class
Magistrate Court, Chittur, within two weeks
from today.
ii) The revision petitioners/appellants/accused
Nos.1 and 2, after deposit of the amount,
shall execute bail bond for a sum of
Rs.30,000/- (Rupees thirty thousand only) by
the revision petitioners/appellants/accused
Nos.1 and 2, with two solvent sureties each,
to the satisfaction of the Judicial First Class
Crl.M.A.No.1 of 2024 in
Magistrate Court, Chittur, within a further
period of one week.
iii) The revision petitioners/appellants/accused
Nos.1 and 2 shall not involve in any other
crimes during the currency of the bail and
any such involvement is a reason to cancel
this order/suspending sentence and
consequential cancellation of bail hereby
granted.
iv) Execution of bond is permitted only after
deposit of the fine amount.
In the result, Crl.M.A.No.1 of 2024 stands allowed.
H/o.
Sd/-
A. BADHARUDEEN,
JUDGE
nkr
05-09-2024 /True Copy/ Assistant Registrar
