IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 3266 of 2007()
1. SABU PAUL,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. SUB INSPECTOR OF POLICE,
For Petitioner :SRI.SHAJI P.CHALY
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :25/10/2007
O R D E R
R.BASANT, J
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Crl.M.C.No.3266 of 2007
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Dated this the 25th day of October, 2007
O R D E R
The petitioner has been found guilty, convicted and sentenced
by the trial court in a prosecution under Section 420 I.P.C. The
petitioner has been sentenced to undergo the substantive sentence of
imprisonment for a period of 2 years. He has further been sentenced
to pay a fine of Rs.5 lakhs and in default to undergo S.I for a period of
one year. Out of the fine amount, an amount of Rs.1 lakh was
directed to be released to Pws 1 to 4 by way of compensation under
Section 357(1) Cr.P.C.
2. The petitioner preferred an appeal. The appeal was
admitted. His application for suspension of sentence was allowed
subject to conditions. The petitioner is aggrieved by the condition
imposed by Annexure-A2 order dated 16.10.07 that in addition to
execution of a bond, he must deposit an amount of Rs.1 lakh within a
period of one month.
3. The learned counsel for the petitioner submits that the
petitioner is unable to raise such amount. If insistence were made on
such deposit, the petitioner will have to face the unfortunate
predicament of continuing in custody before his appeal is taken up for
Crl.M.C.No.3266 of 2007 2
hearing on merits. Appropriate directions may be issued to avoid such
injustice, prays the learned counsel for the petitioner.
3. After discussions at the Bar, the learned counsel for the
petitioner accepts that the petitioner shall deposit an amount of
Rs.50,000/- (Rupees Fifty thousand only) by 16.11.07 before the
learned Sessions Judge. If such payment is made, the petitioner shall
be granted time till 19.12.2007 to pay the balance amount. If the
petitioner feels that he shall not be able to raise the balance amount
of Rs.50,000/- by 19.12.07, he can, when he deposits the amount of
Rs.50,000/- before the learned Sessions Judge on or before 16.11.07,
request the learned Sessions Judge for an expeditious out of turn
disposal of the appeal. If such a request is made, the learned
Sessions Judge must ensure disposal of the appeal on merits before
19.12.2007.
4. This Crl.M.C is allowed in part to the above extent.
(R.BASANT, JUDGE)
rtr/-
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