IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 134 of 2007()
1. P.J. LOTHER, S/O.JOSEPH,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.P.K.ASHOKAN
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :16/01/2007
O R D E R
R.BASANT, J
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Crl.M.C.No.134 of 2007
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Dated this the 16th day of January, 2007
ORDER
The petitioner has been found guilty, convicted and sentenced
under Sections 279 and 304 A I.P.C. The verdict of guilty, conviction
and sentence have now become final by the order passed by this
Court in revision. The order was passed in the revision as early as on
1.7.2005.
2. The sentence has not been executed so far. The petitioner
has come to this Court with this Crl.M.C praying that the sentence
may not be executed until a petition filed by him before the
Government for commutation of the sentence is disposed of by the
Government. That application, a copy of which is produced as
Annexure-B, was submitted as early as on 27.07.2005, it is submitted.
No orders have been passed so far in that application. The said
application has been acknowledged as per Annexure-C. The requisite
clarifications have all been furnished by the petitioner to the Principal
Secretary to Government, who has to consider the prayer for
commutation.
3. No orders having been passed on Annexure-B application
by the Government, the short prayer of the petitioner is that the
sentence may not be executed till that date.
Crl.M.C.No.134 of 2007 2
4. In this Crl.M.C, the Principal Secretary is not made a
party. No prayer is specifically made for a direction to dispose of
Annexure-B by the Principal Secretary to Government. Simply
because an application has been filed for commutation under Section
432 Cr.P.C, the execution of the sentence cannot be indefinitely
postponed. The alleged incident had taken place as early as on
02.05.1988. The verdict of guilty, conviction and sentence had
become final on 1.7.05. The prayer for indefinite postponement of
execution of the sentence merely on the ground that an application
for commutation is pending, cannot obviously be accepted. In these
circumstances, I am satisfied that the prayer made in this Crl.M.C
cannot be accepted. This Crl.M.C deserves dismissal.
5. The learned counsel for the petitioner then submits that
breathing time may be given to the petitioner to move this Court for
an expeditious disposal of the petition for commutation under Section
432 interim orders in such application to ensure that the sentence is
not executed by then. Though I find no satisfactory explanation for
the petitioner not seeking such relief till now, I am satisfied that the
petitioner can be granted time till 30.01.2007.
6. This Crl.M.C is, in these circumstances, dismissed-but with
the observation that the sentence shall not be executed against the
petitioner till 30.01.2007. If no orders are obtained on Annexure-B or
Crl.M.C.No.134 of 2007 3
interim orders from Courts, the petitioner shall surrender before the
learned Magistrate on 30.01.2007 for execution of the sentence.
(R.BASANT, JUDGE)
rtr/-