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SANAL KUMAR v. THE STATE OF KERALA

Supreme Court of India | Diary 10023/2022

Status

ROP - of Main Case

Decided On

20-05-2022

Bench

HON'BLE MR. JUSTICE SANJIV KHANNA and HON'BLE MS. JUSTICE BELA M. TRIVEDI

Petitioner

SANAL KUMAR

Respondent

THE STATE OF KERALA

Primary Holding

An accused sentenced to rigorous imprisonment is entitled to suspension of sentence pending appeal, and courts may grant such benefit on terms and conditions fixed by the trial court.

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Full Judgment Text

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO(S). 864-865 OF 2022 [SLP (Crl.) Nos. 3402-3403/2022] SANAL KUMAR APPELLANT VERSUS STATE OF KERALA & ANR. RESPONDENT O R D E R Leave granted. I.A. No. 73587 of 2022, which is an application for deletion of respondent no. 2 is allowed. In view of fact that the appellant has been sentenced to rigorous imprisonment for three years, we are inclined to set aside the impugned order and direct that the appellant is entitled to benefit of suspension of sentence, on terms and conditions that would be fixed by the trial court. The impugned order(s) accordingly is set aside and the appeals are allowed in the aforesaid terms. Pending application(s), if any, shall stand disposed of. ……………………………………………. .J. [SANJIV KHANNA] ……………………………………………. .J. [ BELA M. TRIVEDI] NEW DELHI; MAY 20, 2022

ITEM NO.52 COURT NO.13 SECTION II-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 3402- 3403/2022 (Arising out of impugned final judgment and order dated 05-01-2022 in CRMA No. 1/2021 18-02-2022 in CRMA No. 2/2022 passed by the High Court Of Kerala At Ernakulam) SANAL KUMAR Petitioner(s) VERSUS STATE OF KERALA & ANR. Respondent(s) ([LIST NEXT WEEK---ORAL MM---12.05.2022---14/802] ) Date : 20-05-2022 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MS. JUSTICE BELA M. TRIVEDI For Petitioner(s) Mr. Raghenth Basant, Adv. Mr. M.F. Philip, Adv. Ms. Purnima Krishna, AOR Ms.Roopali Lakhotia, Adv. For Respondent(s) Mr. Nishe Rajen Shonker, AOR Ms. Anu K. Joy, Adv. Mr. Alim Anvar, Adv. UPON hearing the counsel the Court made the following O R D E R Leave granted. I.A. No. 73587 of 2022, which is an application for deletion of respondent no. 2 is allowed. The appeals are allowed and the appellant is entitled to benefit of suspension of sentence in terms of the signed order. Pending application(s), if any, shall stand disposed of. (SONIA BHASIN) (DIPTI KHURANA) COURT MASTER (SH) ASSISTANT REGISTRAR [Signed Order is placed on the file]

ITEM NO.802 COURT NO.14 SECTION II-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 3402- 3403/2022 (Arising out of impugned final judgment and order dated 05-01-2022 in CRMA No. 1/2021 18-02-2022 in CRMA No. 2/2022 passed by the High Court of Kerala at Ernakulam) SANAL KUMAR Petitioner(s) VERSUS THE STATE OF KERALA & ANR. Respondent(s) (FOR ADMISSION and I.R. ) Date : 12-05-2022 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MS. JUSTICE BELA M. TRIVEDI For Petitioner(s) Mr. Raghenth Basant, Adv. Mr. M.F. Philip, Adv. Ms. Purnima Krishna, AOR Mr. Iqram Govind Singh, Adv. For Respondent(s) Mr. Nishe Rajen Shonker, Adv. UPON hearing the counsel the Court made the following O R D E R List next week. (SONIA BHASIN) (DIPTI KHURANA) COURT MASTER (SH) ASSISTANT REGISTRAR

ITEM NO.50 REGISTRAR COURT. 2 SECTION II-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR SH. S.P.S. LALER Petition(s) for Special Leave to Appeal (Crl.) No(s). 3402- 3403/2022 SANAL KUMAR Petitioner(s) VERSUS THE STATE OF KERALA & ANR. Respondent(s) (FOR ADMISSION and I.R. ) Date : 11-05-2022 These petitions were called on for hearing today. For Petitioner(s) Ms. Purnima Krishna, AOR For Respondent(s) Mr. Nishe Rajen Shonker, AOR Mrs. Anu K. Joy, Adv. Mr. Alim Anvar, Adv. UPON hearing the counsel through Video Conference, the Court made the following O R D E R Despite due service, none appears on behalf of respondent no. 1. However, Mr. Nishe Rajen Shonker, Ld. Advocate has appeared on behalf of respondent no. 1. He seeks and is granted four weeks time, to file vakalatnama and counter affidavit. As per office report, service is not complete on respondent no. 2. However, learned counsel for petitioner submits that she has filed application for deletion in respect of said respondent today itself. If the same is in order, process the same for listing before the Hon’ble Judge-in-Chambers. S.P.S. LALER Registrar pm

ITEM NO.22 COURT NO.16 SECTION II-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 3402- 3403/2022 (Arising out of impugned final judgment and order dated 05-01-2022 in CRMA No. 1/2021 18-02-2022 in CRMA No. 2/2022 passed by the High Court of Kerala at Ernakulam) SANAL KUMAR Petitioner(s) VERSUS THE STATE OF KERALA & ANR. Respondent(s) (FOR ADMISSION and I.R. ) Date : 18-04-2022 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MS. JUSTICE BELA M. TRIVEDI For Petitioner(s) Mr. Raghenth Basant, Adv. Mr. M.F. Philip, Adv. Ms. Purnima Krishna, AOR Mr. Iqram Govind Singh, Adv. Mr. Roopali Lakhoita, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice, returnable within two weeks. Dasti, in addition, is also permitted and may be served on the Standing counsel for state of Kerala. (BABITA PANDEY) (DIPTI KHURANA) COURT MASTER (SH) COURT MASTER (NSH)

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