LAWS(KER)-2013-3-152

VISHAL KUMAR Vs. STATE

Decided On March 15, 2013
VISHAL KUMAR Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) This is an application filed by accused No. 6 in S.C. No. 737 of 2006 on the file of the Court of the Additional District and Sessions Judge (Ad-hoc) Fast Track III, Pathanamthitta, who is appellant No. 2 in the Criminal Appeal. The petitioner was sentenced to undergo imprisonment for life under S. 302 read with S. 149 of the Indian Penal Code. He was also sentenced to undergo imprisonment for life and to pay fine under S. 307 read with S. 149 of the Indian Penal Code. The petitioner was also sentenced to undergo imprisonment for various other terms under certain other sections of the Indian Penal Code. It is stated that the petitioner was a practicing lawyer at the time when the judgment was passed by the Sessions Court. He hails from a poor family. According to the petitioner, he was falsely implicated in the case. While undergoing imprisonment in Central Prison, Thiruvananthapuram, he appeared for the Entrance Examination for LL.M. Course, after getting permission from the Superintendent of Central Prison. Thereafter on 5.2.2013, the petitioner was released from the Central Prison on granting parole for thirty days. It is stated that on 7.2.2013 a provisional rank list was published in respect of the LL.M. Course, in which, the petitioner secured 82nd position. The petitioner belongs to a Scheduled Caste. A selection memo (provisional) was issued in favour of the petitioner. The petitioner was admitted for the LL.M. Course.

(2.) The learned counsel for the petitioner submitted that now the petitioner has got admission for the LL.M. Course in the Law College, Kozhikode. Classes have already commenced, submits the counsel.

(3.) The prayer in the application is to suspend the execution of the sentence and to release the petitioner on bail for a period of three years.