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IN THE HIGH COURT OF RAJASTHAN
Manoj Kumar Garg, J.
Shankar Singh – Petitioner
Versus
State of Rajasthan and Others – Respondents
S.B. Criminal Misc (Pet.) No. 6176 of 2023
Decided On : 06-10-2023
| 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 passed against the petitioner, the petitioner may be directed to deposit 20% of the cheque amount.
3. I have heard learned counsel for the petitioner and perused the impugned order.
4. Having considered the facts and circumstances of the case, the impugned orders dated 08.08.2023 passed by learned Additional Sessions Judge No. 3, Bhilwara, Camp Mandalgarh in Criminal Appeal No. 155/2023, is modified to the extent of depositing 20% of the sentence of fine and instead, the petitioner is directed to deposit 20% of the cheque amount as a condition precedent to suspension of sentence pending appeal, within a period of one month from today.
5. The misc. petition is disposed of accordingly. Stay petition also stands disposed of.
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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