High CourtsSingle Bench(2022) 06 KL CK 0280

Northstone Builders And Developers Pvt Ltd vs V.J. Joseph

High Court Of Kerala · Decided on 23 June 2022

HON’BLE JUDGES
Mary Joseph, J
RESULT
Allowed
CASE NUMBER
Original Petition (CRL.) No. 276 Of 2022

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Judgment

5 paragraphs · 252 words

Mary Joseph, J

1.

This petition is filed under Article 227 of the Constitution of India seeking for enlargement of time. At the time of suspending the execution of sentence, Court of Sessions, Kottayam (for short ‘the court below’) has directed the petitioner to execute a bond for Rs.40,000/- with two solvent sureties each for the likesum to the satisfaction of the court concerned and deposit 20% of the compensation amount before the trial court, within 60 days. The said order was passed on 17.03.2022. Sixty days’ time granted was expired and the petitioner applied before the appellate court seeking for enlargement of time. As the provision permits enlargement of time for 30 days on sufficient cause being shown, the court below was pleased to enlarge the time. That time was also expired. In the above circumstances the petitioner has approached this Court seeking for further time for deposit of 20% of the compensation amount.

2.

This Court finds that the statutory period liable to be granted is already expired. However, since the petitioner has approached immediately after the expiry of the time, this Court is inclined to grant a week’s time, as of indulgence.

3.

The petitioner shall comply with the directions in the order passed by the court below in Crl.M.P.No.590/2022 in Crl.A.No.27/2022 on 17.03.2022 within the time now stands granted by this order, without failure.

In the result, Original Petition is allowed and petitioner is granted a week’s time to comply with conditions imposed by order passed on 17.03.2022.