The petitioner herein stands convicted and sentenced under Section 394 of the Indian Penal Code by the Judicial First Class Magistrate Court-I, Mavelikkara in C.C No.374/2012. He brought appeal before the Additional Sessions Court-I, Mavelikkara as Crl.A No.256/2014 and sought suspension of sentence pending the appeal. Application filed by him for the said purpose as Crl.M.P No.475/2014 was rejected by the learned Additional Sessions Judge by order dated 8.10.2014 on the ground that the petitioner has been undergoing sentence, and the learned Sessions Judge felt it not safe to release him on bail. However, the learned judge observed that the appeal could be heard and disposed of at the earliest. The said order is sought to be quashed under Section 482 of the Code of Criminal Procedure.
2. Now the police has reported before this Court that the petitioner is involved so many crimes. I find that the concern expressed by the learned appellate judge is genuine, Crl.M.C No.5807 of 2014 2 that it would not be safe to release the appellant on suspension of sentence. However, a direction can be made to the court below to hear and dispose of the Criminal Appeal at the earliest, giving top priority.
In the result, this Criminal Miscellaneous Case is closed with direction to the court below that the Crl.A No.256/2014 brought by the petitioner herein shall be heard and disposed of by 31.12.2014. Top priority shall be given to the appeal, and if necessary, hearing can be advanced by the learned appellate judge with notice to both sides.
P.UBAID JUDGE ab