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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
Vinod Kumar - Appellant
Versus
State of Rajasthan - Respondent
CRLMA / 114 / 2025
Decided On : 17-02-2025
(A) Criminal Procedure Code, 1973 - Section 389 - Exemption from condition of depositing fine amount - Applicants sought exemption from the condition imposed by the court regarding the deposit of 50% of the fine amount due to indigence - The court found it appropriate to waive the condition for certain appellants. (Paras 1-3)
(B) Indigence - The court recognized the financial inability of certain appellants to comply with the fine deposit requirement, leading to their custody - The court's decision reflects a consideration of the applicants' circumstances. (Paras 2-3)
Facts of the case:
The applicants filed a misc. application seeking exemption from the condition of depositing 50% of the fine amount imposed by the trial court, citing indigence as the reason for non-compliance.
Findings of Court:
The court deemed it appropriate to waive the fine deposit condition for specific appellants due to their financial situation.
Issues: The main issue was whether the condition of depositing 50% of the fine amount could be waived for indigent appellants.
Ratio Decidendi: The court ruled that the condition could be waived for appellants who demonstrated financial hardship, emphasizing the need for equitable treatment in the judicial process.
Result: The condition was waived for certain appellants.
ORDER :
(MANOJ KUMAR GARG, J.)
The present misc. application has been filed by the applicants for exempting the condition No.4 imposed by this Court in the order dated 18.12.2024 passed in S.B. Criminal Misc. Suspension of Sentence Application (Appeal) No.1654/2024, while allowing the application for suspension of sentence whereby the accused applicants/appellants were directed to deposit the 50% of the fine amount as imposed by the learned trial Court.
2. Counsel for the appellants/applicants submits that appellant No.1 Vinod Kumar and No.5-Dharmpal have deposited the 50% of fine amount, as directed by this Court vide order dated 18.12.2024 but the appellants/applicants No.2-Bhadar Singh, No.3-Satish Kumar and No.4-Sunil Kumar, were indigent persons, therefore, they are not in a position to deposit 50% of the fine amount as imposed by the learned Court below and because of not complying with the order dated 18.12.2024, they are in custody. Therefore, it is prayed that the condition No.4 imposed by this Court in the order dated 18.12.2024 regarding deposition of 50% of fine amount may be waived to the appellants Bhadar Singh, Satish Kumar and Sunil Kumar.
3. Per contra, learned Public Prosecutor opposed the prayer made by the counsel for the appellants/applicants.
4. In view of submissions made and for reasons stated in the application, I deem it appropriate to waive/exempt the condition No.4 imposed in the order dated 18.12.2024 passed in S.B. Criminal Misc. Suspension of Sentence Application (Appeal) No.1654/2024 to the extent of appellants/applicants No.2-Bhadar Singh, No.3-Satish Kumar and No.4-Sunil Kumar.
5. Accordingly, the condition No.4 imposed in the order dated 18.12.2024 passed in S.B. Criminal Misc. Suspension of Sentence Application (Appeal) No.1654/2024 regarding deposition of 50% of fine amount is hereby waived to the extent of appellants/applicants No.2-Bhadar Singh, No.3-Satish Kumar and No.4-Sunil Kumar. The appellants/applicants No.2-Bhadar Singh, No.3-Satish Kumar and No.4-Sunil Kumar are directed to appear before this Court for their attendance on 20.03.2025.
6. With the above direction, the misc. application is disposed of.
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 modify conditions of sentence suspension based on the financial circumstances of the appellant, ensuring justice is served without imposing undue hardship.
Conditions for suspension of sentence may be modified based on the petitioner's financial circumstances, ensuring fairness in judicial proceedings.
The appellate court must assess the financial circumstances of the accused when imposing deposit conditions for suspension of sentence under the Negotiable Instruments Act.
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 court has discretion under Section 148 of the N.I. Act to waive deposit conditions in exceptional circumstances.
The court exercised its discretion to waive the mandatory deposit under Section 148 of the Negotiable Instruments Act based on exceptional circumstances.
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