IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
PRINCE JOSEPH – Appellant
Versus
K M THOMAS – Respondent
C.S.DIAS, J.
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Crl.M.C.No. 31 of 2026 ------------------------------------------------
Dated this the 6th day of January, 2026 ORDER Aggrieved by the conviction and sentence in ST No.25/20219 passed by the Court of the Judicial First Class Magistrate-II, Kattappana (Trial Court), the petitioner has preferred Crl.Appeal No.154/2025 (Annexure-A1) before the Court of Session, Thodupuzha (Appellate Court). Along with the appeal the petitioner also filed Annexure-A2 application to suspend the execution of the sentence. However, by the impugned Annexure-A3 order, the Appellate Court has directed the petitioner to deposit 20% of the fine amount within 60 days from the date of order, failing which the suspension of sentence would stand vacated. Annexure A3 order is erroneous and improper and is against the principles laid down by the Honourable Supreme Court in Jamboo Bhandari v. Madhya Pradesh State Industrial Development Corporation Ltd. , [(2023) 10 SCC 446] . The petitioner has specifically pleaded in Annexure A2 application that he was in financial distress to remit the fine amount. Hence, Annexure A3 order may be quashed.
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