Arunkumar, S/o. Vijayan vs State Of Kerala, Represented By The Public Prosecutor, High Court Of Kerala

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Ker) 166

C. S. SUDHA
Arunkumar, S/o. Vijayan – Appellant
Versus
State Of Kerala, Represented By The Public Prosecutor, High Court Of Kerala – Respondent

ORDER :

(C.S. Sudha, J.)

Crl.M.Appl. No.1 of 2023

This application under Section 389(1) Cr.P.C., has been filed seeking suspension of sentence of the applicant/first accused in S.C.No.3 of 2021 on the file of the Court of Session, Thrissur.

2. The learned counsel for the applicant/first accused submits that the latter has been undergoing imprisonment from 12/08/2020 onwards, which means that he has served nearly 4½ years of his sentence. He being a first offender, is entitled to the benefit of the first proviso to Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023, (BNSS) and so the sentence is liable to be suspended.

3. The learned Public Prosecutor submitted that the Apex Court is seized of the matter and is monitoring the implementation of Section 3. The learned Public Prosecutor submitted that the Apex Court is seized of the matter and is monitoring the implementation of Section

4. The applicant/first accused as per the impugned judgment dated 04/03/2023 has been found guilty of the offence punishable under Section 20(b)(ii)C of the NDPS Act and has been sentenced to undergo rigorous imprisonment for 10 years and to a fine of Rs.1,00,000/- and in default to undergo rigorous

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