PONNAMMA Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, a woman, aged about 67 years, has been found guilty, convicted and sentenced in a prosecution under Section 8 of the Kerala Abkari Act. She has preferred an appeal against the said sentence. The learned Sessions Judge has admitted the appeal and by the impugned order, has suspended the sentence subject, inter alia, to the condition that the petitioner must deposit an amount of Rs.25,000/- within a period of six weeks. According to the petitioner, she is unable to deposit the amount. She belongs to economically weaker section of the community. Insistence on deposit would leave her to suffer the sentence being executed even before the appeal is considered on merits. In these circumstances it is prayed that there may be a direction for early disposal of the appeal and dispensation of the condition that she should deposit an amount of Rs.25,000/- I am satisfied that the request can be considered favourably.

(2.) The petitioner is granted time till 15.6.2007 to make the payment. If she is not able to make the payment, she must within 15 days from this date file an application before the learned Sessions Judge for an out of turn expeditious disposal of the appeal filed by her and in such event the learned Sessions Judge must ensure that the appeal is disposed of before 15.6.2007.

(3.) This Crl.M.C. is allowed to the above extent.