In view of the above law laid down by the
Court in Amarveer Singh's case (supra), this
criminal misc. petition is allowed. The impugned
order dated 17.01.2015 to the extent of imposing
condition of depositing fine is quashed and set
aside.
4. The only contention of the present petitioner is that the condition is arbitrary and amounts to abuse of the process and reliance has been placed on Amarveer Singh Vs. State of Raj. & Ors., 2010 (2) WLC (Raj.) 74 wherein it has been held that onerous conditions while suspending the sentence is not permissible and not justified and further reliance has been placed on Shankar Lal Vs. M/s Mahesh Trading Company, 2006 (1) Cr.L.R.(Raj.) 850.
Learned counsel for the applicant submitted that the condition
imposed by the learned court regarding deposition of 20% of
compensation amount is harsh and illegal, it amounts to deprive
of the applicant exercising the right to appeal. In this regard,
learned counsel for the applicant placed reliance on judgment
dated 10/09/2009 of Hon'ble Rajasthan High Court passed in
Criminal Misc. Appeal No. 1356/2009 (Amarveer Singh Vs. State
of Rajasthan & ors) in which direction regarding deposition of
50% of the fine amount was held unjustified and that direction
was quashed.
Learned counsel for the petitioner has
placed reliance on the judgment of Jaipur Bench
of this court rendered in Amarveer Singh Vs.
State of Rajasthan & Ors. reported in 2010(1)
Cr.L.R. (Raj.) 414.
Learned counsel for the petitioner has
placed reliance on the judgment of Jaipur Bench
of this court rendered in Amarveer Singh Vs.
State of Rajasthan & Ors. reported in 2010(1)
Cr.L.R. (Raj.) 414.
Learned counsel for the petitioner has
placed reliance on the judgment of Jaipur Bench
of this court rendered in Amarveer Singh Vs.
State of Rajasthan & Ors. reported in 2010(1)
Cr.L.R. (Raj.) 414.