IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl Rev Pet No. 2572 of 2007()
1. SUNIL, S/O. RAJAN, AGED 34,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY ITS
... Respondent
For Petitioner :SRI.VIKANTH K.PUTHUMANA
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :03/07/2007
O R D E R
V. RAMKUMAR, J.
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Crl.R.P. No. 2572 OF 2007
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Dated this the 3rd day of July, 2007
O R D E R
The revision petitioner was the accused in
S.T.No.1677/02 on the file of the JFCM-II, Kollam for an offence
punishable under section 47 of the Kerala Police Act. He pleaded
guilty to the particulars of the offence and he was thereupon
sentenced to undergo simple imprisonment for one month as per
order dated 2.5.02. While undergoing sentence, he preferred
Crl.Appeal No.67/2002 before the Sessions Court, Kollam.
Pending appeal, as per order dated 8.5.2002 in
Crl.M.P.No.629/2002 he was granted bail after suspending the
sentence. Subsequently, the First Additional Sessions Court,
Kollam dismissed the Criminal Appeal as per the impugned
judgment dated 21.1.2006 in which it is specifically noted that
there was no representation for the appellant. It is the said
judgment which is assailed in this revision.
2. The learned counsel for the revision petitioner
submitted that the observation in the trial court’s order that the
petitioner is a habitual offender is not correct and that the award of
Crl.R.P.No.2572/07
: 2 :
one month simple imprisonment is, therefore, unsustainable. This
aspect of the matter could not be highlighted before the lower
appellate court for want of representation on behalf of the revision
petitioner before that court. Under these circumstances, I am
inclined to give the revision petitioner one more opportunity to
have his appeal disposed on the merits. Accordingly, the
judgment dated 21.1.2006 in Crl. Appeal No.67/2002 on the file of
the First Additional Sessions Court, Kollam is set aside and the
matter is remitted to that court for disposal as afresh on merits
after giving the revision petitioner an opportunity of being heard.
In case the revision petitioner files a fresh application for
suspending the sentence that shall be allowed in view of the
earlier order dated 8.5.2002 in Crl.M.P.No.629/2002. The revision
petitioner shall appear before the lower appellate court on
17.7.2007 without any further notice.
This revision is allowed as above.
(V. RAMKUMAR, JUDGE)
aks