Rajasthan High Court - Jodhpur
Mohammed Aslam & Ors vs Lrs Of Mohd. Hussain & Ors on 17 January, 2014
Author: Vijay Bishnoi
Bench: Vijay Bishnoi
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S.B. CRIMINAL MISC. PETITION NO.38/2014
Seu Ram V/S State of Rajasthan & Anr.
Date of Order : 17.01.2014
HON'BLE MR. JUSTICE VIJAY BISHNOI
Mr. Rajesh Choudhary, for petitioner. Mr. A.R. Nikub, Public Prosecutor.
The present petition has been filed under Section 482 CrPC praying that the condition imposed by the lower appellate court of depositing Rs.87,500/- being half of the amount of penalty awarded by the trial court as condition precedent for suspension of sentence be waived.
Learned counsel for the petitioner has stated that the petitioner is ready to deposit the amount of Rs.40,000/- in lieu of suspension of sentence. It is also contended by the learned counsel for the petitioner that he has already given the cheque amount to the complainant but the learned trial court has ignored these aspects of the matter.
Though this Court is having its own doubt regarding the power of the appellate court of 2 imposing condition of half of the amount of penalty for suspension of sentence but since the petitioner is ready to deposit the amount of Rs.40,000/- this Criminal Misc. Petition disposed of and the order dated 24.12.2013 passed by the District & Sessions Judge, Jaisalmer in Criminal Appeal No.46/2013 is modified and it is ordered that the sentence awarded to the petitioner by the trial court is suspended if petitioner deposit Rs.40,000/- instead of Rs.87,500/-. The other conditions as mentioned in the order dated 24.12.2013 will remain the same.
[VIJAY BISHNOI],J.
Abhishek 50