RIJU SASI Vs. STATE OF KERALA

JUDGEMENT

(1.) It is not necessary for me in this Crl.P.P. to consider whether the powers under Sec.401 or 482 of the Cr.P.C. deserve to be invoked. At any rate, I am satisfied that the relief can be granted to the petitioner to the limited extent indicated below.

(2.) The petitioner has been found guilty, convicted and sentenced in a prosecution under the provisions of the Kerala Abkari Act by the learned Sessions Judge. The petitioner has preferred an appeal and the appeal is pending before the learned Sessions Judge. The learned Sessions Judge has directed suspension of the sentence of the accused, inter alia, on condition that the petitioner deposits an amount of Rs.25,000/- towards the fine out of Rs.1,00,000/-. The learned counsel for the petitioner submits that the imposition of the said condition virtually deprives the petitioner of his right to prefer an appeal. Insistence on the condition will oblige the petitioner to undergo imprisonment even before the appeal which has already been admitted is taken up for consideration on merits. In these circumstances, It is prayed that the condition for deposit of part of fine amount may be set aside or modified.

(3.) Having heard the learned counsel for the petitioner, I am satisfied that the request of the petitioner to give further time to make payment can be allowed. The petitioner is granted two months further time from today to make the deposit of the amount of Rs.25,000/-. In case the petitioner is not able to raise the amount, the petitioner shall within 15 days from this date file an application before the learned Sessions Judge for expeditious disposal of the appeal and the learned Sessions Judge shall within two months dispose of the appeal itself.