SUHRA KUNJUMON Vs. STATE OF KERALA

JUDGEMENT

(1.) THESE Criminal Miscellaneous Cases are placed for consideration of a Division Bench on a reference made by a learned Judge of this Court when it was brought to his Lordship's notice that there is apparent conflict between the two orders of this Court passed in Crl. M.C. No. 4476 of 1997 and Crl. M.C. No. 3751 of 1998 regarding the interpretation of Section 389(1) Cr.P.C.

(2.) THE question involved in the Criminal Miscellaneous Cases is whether the court of appeal dealing with appeal filed by a convicted person has got the power or authority to impose conditions when it allows an application for suspension of execution of sentence.

(3.) FOR a better understanding of the provision, Section 389(1) is extracted hereunder :