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RAJASTHAN HIGH COURT
Manoj Kumar Garg, J.
Prakash - Appellant
Versus
State of Rajasthan - Respondent
Criminal Miscellaneous Appeal No. 361 of 2021
Decided On : 20-11-2021
WAIVER - SUSPENSION OF SENTENCE - The court modified the previous order regarding the suspension of the appellant's sentence by reducing the fine amount due to the appellant's financial constraints, thereby allowing the suspension of the sentence under modified conditions while maintaining other stipulations.
Fact of the Case:
The appellant filed a misc. application seeking to waive the condition of depositing a fine imposed by the trial court as part of the suspension of his sentence, citing financial difficulties.
Finding of the Court:
The court acknowledged the appellant's financial constraints and decided to modify the previous order by reducing the fine amount, allowing the suspension of the sentence under the new condition.
Issues: Whether the appellant should be exempted from the fine condition for the suspension of his sentence due to financial hardship.
Ratio Decidendi: The court considered the peculiar facts and circumstances of the case, emphasizing the need for a fair balance between the enforcement of legal conditions and the appellant's ability to comply with them.
Result: The application was partly allowed, reducing the fine to Rs.10,000 and allowing the suspension of the sentence under this modified condition.
JUDGMENT
Manoj Kumar Garg, J. - This misc. application has been filed by the appellant for waiving the condition No.4 in the order dated 27.10.2021 passed by this Court in S.B. Criminal Suspension of Sentence No.628/2020. This Court while suspending the sentence of the appellant directed that the sentence of the appellant may be suspended subject to depositing the fine amount by the appellant as imposed by the learned trial court.
2. Learned counsel for the appellant submits that the appellant is very poor person, and he is not in a position to deposit such a huge amount of fine. Learned counsel for the appellant submits that due to financial constraints, he has not been able to reap the fruits of the order suspending his sentence till date, therefore, he may be exempted from depositing the fine.
3. Per contra, learned public prosecutor has opposed the prayer made by the appellant.
4. Having regard to the peculiar facts and circumstances of the case, I feel inclined to partly accept this application filled by the appellant.
5. Accordingly, the order dated 27.10.2021 is modified to the extent that the amount of fine ordered to be deposited is hereby reduced to Rs.10,000/-. The sentence awarded to the appellant shall now be suspended subject to deposit of amount of fine in the sum of Rs.10,000/-. Rest of the conditions shall remain intact.
6. The application is partly allowed accordingly.
The court has the discretion to modify conditions of sentence suspension based on the financial circumstances of the appellant, ensuring justice is served without imposing undue hardship.
The court can waive the condition of fine deposit for indigent appellants to ensure equitable treatment in the judicial process.
Conditions for suspension of sentence may be modified based on the petitioner's financial circumstances, ensuring fairness in judicial proceedings.
The Appellate Court must provide reasons when exercising discretion under statutory provisions relating to fine deposits during appeal.
The appellate court has discretion to waive fine deposits under exceptional circumstances per Section 148 of the Negotiable Instruments Act.
The main legal point established in the judgment is that the appellate Court has the power to dispense with the deposit of a minimum of 20% of the fine or compensation amount if an exceptional case i....
Conditions on bail that undermine an accused's fundamental rights must be avoided.
Suspension of sentence and release on bail – Direction to pay fine issued against convicted accused is also a sentence – While convicting accused, if a direction is issued against him to pay fine, su....
The court may suspend a sentence if justified by the circumstances of the case, particularly when the appeal process is expected to be lengthy.
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