LAWS(KER)-2022-9-240

SUJA RAJU Vs. STATE OF KERALA

Decided On September 15, 2022
Suja Raju Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) This is a petition filed by the accused/convict in C.C.No.2522 of 2015 on the file of the Judicial First Class Magistrate (N.I. Act Cases) Court, Ernakulam.

(2.) The prayer in the petition is to stay the execution of the conviction warrant issued in pursuance of Annexure A1 judgment dtd. 27/1/2020 in C.C.No.2522 of 2015, on the ground that the petitioner has preferred appeal as Annexure A2 along with Annexure A3 delay petition to condone delay of 203 days in filing the appeal and Annexure A4 to suspend the execution of the sentence.

(3.) It is submitted by the learned counsel for the petitioner that the petitioner is having an arguable case in the appeal and therefore, the execution of sentence before considering the appeal would prejudice the petitioner and therefore, the execution of sentence may be stayed. She also submitted that though there is no prayer in the petition, the petitioner wanted to get the appeal disposed of at the earliest and therefore, the Appellate Court may be directed to dispose of the delay petition and the appeal at the earliest.