Jayarajan vs. Deputy Superintendent Of Police
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Order Issued After Hearing
Purpose:
Next Week / Week Commencing / C.O.Week
Before:
Hon'ble Prasanna B. Varale
Stage:
AFTER NOTICE (FOR ADMISSION) - CRIMINAL CASES
Remarks:
IA Allowed [148037/2024]
Listed On:
15 Oct 2024
In:
Chamber
Category:
UNKNOWN
Interlocutory Applications:
148037/2024,
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Order Text
COURT NO.7
SUPREME COURT OF INDIA RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CRIMINAL) DIARY NO(S). 23666/2024
JAYARAJAN
PETITIONER(S)
VERSUS
DEPUTY SUPERINTENDENT OF POLICE & ANR. RESPONDENT(S)
(IA No. 148037/2024 - EXEMPTION FROM SURRENDERING WITHIN TIME) Date: 15-10-2024 These matters were called on for hearing today. CORAM: HON'BLE MR. JUSTICE PRASANNA B. VARALE [IN CHAMBER]
For Petitioner(s) Mr. Karthik S.d., AOR
For Respondent(s) Mr. Alim Anvar, Adv. Mr. Ajith Anot Perumbully, Adv. Mr. Nishe Rajen Shonker, AOR
UPON hearing the counsel the Court made the following O R D E R
IA No. 148037/2024
Heard learned counsel for the petitioner and learned counsel for the respondent-State.
- Learned counsel for the petitioner submits that being aggrieved by the order dated 28.02.2024 passed by the High Court of Kerala at Ernakulam in Crl. Appeal No.437 of 2007, whereby the appeal is partly allowed. The conviction was accorded under Section 489C of the Indian Penal Code, 1860 is confirmed by the High Court with a modification i.e. sentence of five years awarded by the at al Court was reduced rigorous imprisonment for the period of three years. The Trial Court though convicted the petitioner for commission of offence under Section 489B of IPC but the High Court
in appeal acquitted the petitioner for the offence under under Section 489B IPC.
3. The learned counsel further submits that the petitioner has raised substantial ground in appeal, particularly the erroneous appreciation of the evidence. Learned counsel further submits that there is no history of criminal antecedents of the petitioner and the hearing of appeal would take considerable time. On these submissions, the learned counsel for the petitioner prays for exemption from surrendering. Learned counsel for the respondent-State opposes the application. The learned counsel for the petitioner made out a case for exemption from surrendering. Accordingly, the application seeking exemption from surrendering is allowed. The petitioner is exempted from surrendering.
(JAGDISH KUMAR) (POOJA SHARMA)
COURT MASTER (SH) COURT MASTER (NSH)