IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4347 of 2010()
1. SUNIL KUMAR, S/O. SUKUMARAN,
... Petitioner
2. SUMESH, S/O. SOMAN,
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SMT.SANDHYA RAJU
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :29/10/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.NO.4347 OF 2010
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Dated 29th October, 2010
O R D E R
Petitioners were convicted and
sentenced for the offence under Section
379 read with Section 34 of Indian Penal
Code. They challenged the conviction and
sentence before Sessions Court, Kottayam in
Crl.A.374/2010. By Annexure-AII order,
learned Additional Sessions Judge
suspended the sentence on condition of
executing a bond and depositing one half of
the fine, within two weeks. Petition is
filed under Section 482 of Code of Criminal
Procedure to extend the time to deposit.
2. Learned counsel appearing for
the petitioners was heard.
3. When the learned Sessions Judge
Crmc 4347/10
2
suspended the sentence on execution of bond and
deposit of the fine amount, it is upto the
petitioners to seek extension of time before
the Sessions Court. Only if the Sessions Court
refused to grant extension of time, the
petitioners could approach this Court. I find
no reason for the Sessions Court not to grant
the time. Even if the fine is not deposited,
learned Sessions Judge has to suspend the
substantive sentence.
Petition is disposed accordingly.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.