The petitioner herein is the appellant in criminal appeal No. 62/2014 in the court of Session Thrissur, now pending consideration before the learned First Additional Sessions Judge, Thrissur. Suspension of sentence was ordered by the appellate court, and the appellant was required to execute bond with sureties. When the appellant could not execute bond within time he filed Crl.M.P 2618/14 in the appellate court for extension of time. The learned Additional Sessions Judge dismissed the said application on the ground that the prayer has become infructuous. When extension of time for execution of bond is sought by the appellant, the appellate court will have to consider the application on merits, and if the appellant has an arguable case in appeal, it is only appropriate that time be extended by the appellate court. Instead of disposing of the matter properly and judiciously, the request was turned down. The said order is sought to be set aside under Section 482 Cr.P.C. 2. On hearing the learned counsel and on a perusal of the Crl. M.C No. 5974 of 2014 2 impugned order I find that extension of time can be granted in the circumstances explained by the appellant. Such a request cannot be turned down saying that it has become infructuous.
In the result, this Crl.M.C is allowed. The impugned order passed by the court below is set aside under Section 482 Cr.P.C, and the petitioner herein is granted time till 31.10.2014 to execute bond with sureties as ordered on Crl. M.P. 688/14.
P.UBAID, JUDGE sab