Back
HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
Vinod Kumar – Appellant
Versus
State of Rajasthan – Respondent
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
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.
Modification of fine payment order and expeditious hearing of appeal.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
