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Judgment
18 paragraphs · 331 wordsZiyad Rahman A.A., J.
The petitioner is the 3rd appellant and the 4th accused in S.C.No.696/2016 of the Additional Sessions Judge, Irinjalakkuda. He stands convicted for
the offences punishable under Section 302 read with Section 34 IPC and his sentence includes life imprisonment as well. In this application, he is
praying for suspension of sentence for a limited period on the ground that, his mother is severely ill. In support of the said contention, he has produced
medical records relating the ailments of the petitioner’s mother as Annexures I and II. He further states that now his mother has been advised to
undergo surgery as her health is deteriorating. In the above circumstances, he wants to make sufficient arrangement for ensuring proper treatment for
her, for which his presence is required.
We notice that, he was granted interim bail as per order dated 07.05.2021 for a period of one month subject to certain conditions and all the said
conditions were complied with by him. Considering the reasons highlighted by the petitioner, some indulgence can be shown.
In the above circumstances, this petition is allowed by suspending sentence imposed upon the petitioner/3rd appellant/4th accused for a period of
one month subject to following conditions:
i) The petitioner shall be released on bail on executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum to the
satisfaction of the trial court;
ii) From the date of release, he shall report before the SHO concerned between 10.00 and 11.00 a.m. on every Monday;
iii) On the date on which one month’s period expires, he shall report before the Superintendent, Central Prison concerned at 10.00 a.m.;
iv) He shall not involve in any offence while on bail;
v) If the conviction and sentence of the petitioner/appellant is upheld or even modified, the time during which he is so released shall be excluded in computing the
term of his sentence as provided in Section 389(4) Cr.P.C.
