M.K. PRADEEPAN @ LAMBU Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who is the appellant, is the 31st accused in S.C. No. 867/2012 of the Special Additional Sessions Court (Marad Cases), Kozhikode, who stands convicted under S. 201 I.P.C. alone. The court below has chosen to impose a sentence of rigorous imprisonment for three years. The petitioner has come up with the prayer to get the execution of the sentence imposed on him, suspended. We heard Sri. K.K. Raveendranath, learned counsel for the petitioner, and Sri. Asaf Ali, learned Director General of Prosecutions, in extenso.

(2.) The learned counsel for the petitioner has pointed out that the petitioner was all along on bail during the trial stage and the sentence imposed on him was suspended by the court below under S. 389(3) Cr.P.C. It has been pointed out that the period of suspension is going to expire by this day. Therefore, we are constrained to take up the matter today itself.

(3.) The learned D.G.P. has argued that the mere fact that the petitioner was on bail during the trial stage and that the sentence imposed on him was suspended by the court below when he was convicted and sentenced, does not ipso facto make him entitled to get his sentence suspended. The argument is that this Court has to take note of the seriousness of the acts alleged against the petitioner and the offence found against him by the trial court, while considering the suspension of the execution of the sentence, in the appeal.