When the application came up for hearing today, the learned counsel for the revision petitioner only submitted that, an opportunity may be given to the revision petitioner to file a fresh application for praying for suspension of the conviction and if such an application is filed that may be directed to be considered by the Sessions Judge before whom the case is now pending.
2. It is seen from the report received from the 4th Additional Sessions Judge, Kollam, that after admitting the appeal, namely, Crl.Appeal No.199/2014, the case was made over to 4th Additional Sessions Court, Kollam, for disposal. It is also seen from the report that, along with the appeal, Crl.M.P.No.2337/2014 was filed for suspending the sentence and the Principal Sessions Judge has suspended the sentence and then made over the case to Additional Sessions Court for disposal. It is not clear from the report, as to whether there was any prayer for suspending the conviction also made in that application. However in view of the submission made by the counsel for the revision petitioner, this court feels that, the revision can be disposed of as follows:
If the petitioner files an application for suspending the conviction also before the 4th Additional Sessions Court, Kollam, before whom Crl.Appeal No.199/2014 is pending, then the learned Additional Sessions Judge is directed to consider and dispose of that application in accordance with law.
With the above direction and observation, the revision is disposed of. Office is directed to communicate this order to the concerned court and also hand over a copy of the order to the counsel for the revision petitioner on usual terms as per law, immediately.
Sd/-
K. RAMAKRISHNAN, JUDGE // True Copy // P.A. to Judge ss