SAJJAY Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein is the accused in C.C.No.77/2013 of the Judicial First Class Magistrate Court-II, Kollam. He was convicted for offences under Sec. 498A and 406, read with Sec. 34 of the Penal Code in the said Calendar Case.

(2.) The petitioner preferred an appeal before the Additional Sessions Court-III, Kollam vide C.R.A No.172/2024. He also preferred Crl.M.P No.1547/2024 seeking suspension of the sentence and also suspension of the order of conviction, rather the judgment of conviction, to be more precise.

(3.) The reason espoused for seeking suspension of the judgment of conviction is the possibility of initiating disciplinary proceedings against the petitioner, a Plus Two teacher in a Government school, which would result in break in his service. By virtue of the impugned Annexure-A2 Order, the learned Sessions Judge allowed Crl.M.P No.1547/2024 in part, suspending the order of sentence, but refusing to do so, insofar as the judgment of conviction is concerned. The learned Sessions Judge placed reliance upon K.C.Sareen v. CBI [(2001) 6 SCC 584] and also Ajithkumar v. Central Bureau of Investigation [2019 (1) KHC 149] in arriving at the said conclusion.