Joshi vs State Of Kerala

Ziyad Rahman A.A., J

Petitioner is the appellant and the accused in S.C.No.246 of 2014 on the file of the First Additional Sessions Court, Ernakulam. The petitioner stands convicted for the offences punishable under Section 302 IPC and sentenced to undergo imprisonment for life and a fine of Rs.2,00,000/-.

This application is submitted by him seeking suspension of the sentence imposed upon him for a period of one month. Reason highlighted by the petitioner is that his wife has to undergo some surgical procedures and hence his presence is required along with her as there is no one other than the petitioner to look after her. We notice that, earlier, as per order dated 09.04.2021, the petitioner was released by granting interim bail on the very same ground and the said interim order stood extended up to 22.06.2021. The petitioner points out that, on account of the restrictions in conducting surgical procedures owing to COVID-19 pandamic, the surgery could not be performed, when he was released earlier. He submits that from the information received from the hospital, the surgical procedure can be performed now. This petition is submitted in the above circumstances.

Considering the facts and circumstances of the case and the necessity reason highlighted by the petitioner, we deem it appropriate to grant the relief as sought for by the petitioner. In the above circumstances, the sentence imposed upon the petitioner as per S.C.No.246/2014 is suspended for a period of one month.

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.