ORDER :

1. This application is filed seeking to set aside Annexure-A3 order passed by Court of Sessions, Kozhikode (for short the Court below) in C.M.P. No.118 of 2019 in Crl.Appeal No.46 of 2019. Annexure-A3 order was passed by the aforesaid court in an application filed as C.M.P. No.118 of 2019 under Section 389(1) Cr.P.C. The court concerned while allowing the application by order dated 25.1.2019 has directed the petitioner to execute a bond for Rs.1,00,000/- with two solvent sureties each for the like sum to the satisfaction of the trial court and deposit 20% of the compensation amount. The petitioner is aggrieved by the direction in the order to deposit 20% of the compensation amount, as condition precedent to get the execution of the sentence suspended.

2. According to Sri.Nirmal.S, the learned counsel, the Court below is highly unjustified in passing an order of the nature. The learned counsel has drawn the attention of this Court to Section 389 Cr.P.C to contend that the only condition that could be imposed by the appellate court under the provision while suspending the sentence was to direct the petitioner to execute a bond with two solvent sureties each for the like sum to