IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 3600 of 2007()
1. HAMZA @ AADU HAMZA, AGED 54 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE SUB
... Respondent
For Petitioner :SRI.ASHIK K.MOHAMMED ALI
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :03/12/2007
O R D E R
R. BASANT, J.
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Crl.M.C.No. 3600 of 2007
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Dated this the 3rd day of December, 2007
O R D E R
The petitioner faced indictment in a prosecution under the
N.D.P.S. Act. He was found guilty, convicted and sentenced. He
preferred an appeal. In the appeal, execution of the sentence was
suspended, inter alia, on condition that he deposits half the fine
amount of Rs.10,000/- The petitioner has therefore got to remit
an amount of Rs.5,000/- now. He has come to this Court
complaining that the condition imposed is onerous. He is unable
to raise the said amount. If the said condition were rigidly
insisted, the petitioner will have to face the predicament of
undergoing the sentence even before his appeal is disposed of on
merits. I find absolutely nothing onerous in the condition
imposed.
2. I am satisfied that a time limit can be prescribed for
payment of the amount. The learned counsel for the petitioner
offers to remit an amount of Rs.1,000/- on or before 3.1.2008.
Crl.M.C.No. 3600 of 2007
2
The petitioner is granted one months further time till 3.2.2008 to make
the balance amount. In case the petitioner is not able to raise the
balance amount, he may, while remitting the amount of Rs.1,000/- on
or before 3.1.08, make a request to the learned Sessions Judge for
expeditious disposal of the appeal and in such event, the learned
Sessions Judge shall ensure that the appeal is disposed of before
3.2.2008.
3. With the above observations, this Crl.M.C. is dismissed.
(R. BASANT)
Judge
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