IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 25TH JULY 2008 / 3RD SRAVANA 1930 Crl.MC.No. 2830 of 2008() ------------------------- AGAINST THE ORDER DATED / / IN CRMP 840/08 IN CRA.331/2008 of ADDL.SESSIONS COURT,-I, MAVELIKKARA CC.382/2006 of JUDL.MAGISTRATE OF FIRST CLASS-I, CHENGANNUR .................... PETITIONER: ------------ T.J.ELDHO, AGED 47 YEARS, S/O.JOHN JOSEPH, THEKKEDATH VEEDU, VAZHATHOPPU, P/W VIII, THANNIKKANDAM MURI, IDUKKI VILLAGE, IDUKKI DISTRICT. BY ADV. SRI.JOHNSON P.JOHN SRI.RAJU SEBASTIAN VADAKKEKKARA RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2830 of 2008 ------------------------------------------------- Dated this the 25th day of July, 2008 ORDER The petitioner has been found guilty, convicted and sentenced in a prosecution for offences punishable under Secs.279 and 338 IPC. He is an employee of the K.S.R.T.C. He preferred an appeal before the appellate court. The appeal was admitted and the execution of the sentence was suspended. But the direction that the driving licence shall be suspended was not suspended and therefore the petitioner finds it impossible to work and earn his livelihood. 2. The learned counsel for the petitioner submits that the petitioner/appellant has a very good case to be advanced in appeal and if he were to suffer the disqualification order before his appeal is considered, that would cause him great hardship and loss. Crl.M.C. No. 2830 of 2008 -: 2 :- 3. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor does not oppose the application. The impugned judgment has been perused by me. I am satisfied, in the facts and circumstances of this case, that direction regarding suspension of driving licence can also be kept in abeyance till the appeal is disposed of. 4. This Crl.M.C. is, accordingly, allowed. The direction that the driving licence of the petitioner shall stand suspended shall also be kept in abeyance till the appeal is finally disposed of. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 2830 of 2008 -: 3 :-