ASHRAF Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application filed by the petitioners who are the appellants in Crl. Appeal No. 45/2014 on the files of Sessions Court, Kalpetta challenging the order in Crl.M.P. No. 599/2014 of that court under Section 482 of the code of Criminal Procedure (hereinafter called as the 'Code').

(2.) IT is alleged in the petition that the petitioners were arrayed as accused in C.C. No. 478/2010 on the files of Judicial First class Magistrate's Court -II, Mananthavad and after trial, they were found guilty for the offences under Sections 325, 323 r/w Section 34 of the Indian Penal Code and they were convicted thereunder and sentenced to undergo rigorous imprisonment for one year and also to pay a fine of Rs. 3000/ - each and in default to undergo simple imprisonment for 1 = months each under Section 325 of the Indian Penal code and further sentenced to undergo rigorous imprisonment for six months and also to pay a fine of Rs. 1000/ - each, in default, to undergo simple imprisonment for one month each under Section 323 of the Indian Penal Code and directed the substantive sentences to run concurrently, and set off was also allowed for the period of detention if any undergone by them as under trial prisoner. Aggrieved by the same, the petitioners filed Crl. Appeal No. 45/2014 before the Sessions Court, Kalpetta, Wayanad District and also moved Criminal M.P. No. 599/2014 for suspension of Sentence. The learned Sessions Judge by Annexure A order suspended the sentence on condition of executing a bond for Rs. 25,000/ - with two solvent sureties and also on further condition of depositing the fine amount within one month and posted the case for compliance report to 21/05/2014. Since the condition was not complied with, the learned Sessions Judge dismissed the application vide Annexure B order. That is being challenged by the petitioners before this Court.

(3.) THE application was opposed by the learned Public Prosecutor.