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MANOJ KUMAR GARG
Shankar Singh – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. petition details regarding fine deposit requirement. (Para 1) |
| 2. petitioner's request for reduced fine deposit. (Para 2) |
| 3. court reviewing the impugned order. (Para 3) |
| 4. modification of fine deposit conditions. (Para 4) |
| 5. conclusion and disposal of the petition. (Para 5) |
ORDER :
1. The instant misc. petition under Section 482 Cr.P.C. has been filed by the petitioner against the order dated 08.08.2023 passed by learned Additional Sessions Judge No. 3, Bhilwara, Camp Mandalgarh in Criminal Appeal No. 155/2023, whereby while suspending the sentence under Section 389 Cr.P.C. for offence under Section 138 N.I. Act, the appellate court has directed the petitioner to deposit 20% of the fine amount i.e., Rs.2,40,000/- within a period of 60 days.
2. Counsel for the petitioner submits that the appellate court while suspending the sentence of the petitioner has imposed a condition to deposit 20% of the total amount of fine imposed by the trial court while convicting him. Counsel further submits that the petitioner is a poor person and he is ready to deposit 20% of the cheque amount, therefore a limited prayer has been made by the petitioner that while suspending the sentence
Conditions for suspension of sentence may be modified based on the petitioner's financial circumstances, ensuring fairness in judicial proceedings.
The imposition of a deposit condition for suspension of sentence under Section 389 Cr.P.C. is not mandatory and can be modified based on judicial discretion.
The Appellate Court's imposition of a 20% fine deposit pending appeal is upheld, as the accused failed to substantiate claims of financial hardship under the Negotiable Instruments Act.
Modification of fine payment order and expeditious hearing of appeal.
The court can waive the condition of fine deposit for indigent appellants to ensure equitable treatment in the judicial process.
The court has the discretion to allow an extension of time to deposit the fine amount in cases of genuine hardship, such as the COVID-19 situation and economic difficulties.
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 modified the appellate order, reducing the deposit requirement from 20% to 10% of the cheque amount, emphasizing adherence to Supreme Court precedents.
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