IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3797 of 2008()
1. BIJU CHERIYAN
... Petitioner
Vs
1. SOBHA VIJAYAN
... Respondent
For Petitioner :SRI.T.M.ABDUL LATHEEF
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :14/10/2008
O R D E R
R.BASANT, J.
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Crl.M.C.No.3797 of 2008
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Dated this the 14th day of October 2008
O R D E R
The petitioner has been found guilty, convicted and
sentenced in a prosecution under Section 138 of the Negotiable
Instruments Act. He did not prefer any appeal in time. He was
taken into custody in execution of the sentence imposed on
23/9/2008. Thereafter he preferred an appeal on 25/9/2008.
The appeal was not preferred in time. So it was filed along with
an application for condonation of delay. The learned Sessions
Judge ordered notice in the application for condonation of delay
and posted the case to 20/10/2008. Even after apprising the
learned Judge of the fact that the petitioner is in custody and
though an application for advancement of hearing was filed, that
was also dismissed. The petitioner hence languishes in custody.
The petitioner apprehends that unnecessary further time will be
lost and the petitioner will be obliged to remain in custody. It is
hence prayed that directions may be issued to suspend the
sentence imposed on the petitioner until such time when the
application for suspension is considered by the learned Sessions
Judge on merits.
2. I find the plight of the petitioner to be deserving
sympathy and compassion. I am satisfied that appropriate
Crl.M.C.No.3797/08 2
directions can be issued which shall hold the field until the
learned Sessions Judge considers the application for condonation
of delay and later if the appeal is admitted the prayer for
suspension of sentence.
3. In the result,
a) This Crl.M.C is allowed.
b) The petitioner shall be released from custody
forthwith on condition that
(i) He executes a bond for Rs.1,00,000/- (Rupees one lakh
only) with two solvent sureties each for the like sum to the
satisfaction of the learned Magistrate.
ii) He deposits an amount of Rs.25,000/- (Rupees twnety
five thousand only) before the learned Magistrate forthwith.
iii) He appears before the learned Sessions Judge on all
future dates of posting of the appeal until his application for
suspension is disposed of by the learned Sessions Judge.
Thereafter he shall comply with the orders passed by the learned
Sessions Judge.
Hand over copy of this order to the learned counsel for the
petitioner.
(R.BASANT, JUDGE)
jsr
Crl.M.C.No.3797/08 3
Crl.M.C.No.3797/08 4
R.BASANT, J.
CRL.M.C.No. of 2008
ORDER
09/07/2008