High CourtsDivision Bench

Pranav @ Pedali vs State Of Kerala

High Court Of Kerala · Decided on 29 July 2021 · Citation: (2021) 07 KL CK 0363

HON’BLE JUDGES
K.Vinod Chandran, J · Ziyad Rahman A.A, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 389(4) · Indian Penal Code, 1860 — Section 34, 302
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Application No.4 Of 2021 in Criminal Appeal No. 366 Of 2020
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

18 paragraphs · 331 words

Ziyad Rahman A.A., J.

1.

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.

2.

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.

3.

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.