(1.) By the impugned order, learned Additional Sessions Judge, Durg, while entertaining the appeal of the applicants under Section 374, Cr.P.C. granted the application under Section 389(1), Cr.P.C. for suspension of sentence subject to certain conditions. While granting the application for suspension, it has been directed by learned. Additional Sessions Judge that sentence awarded to the applicants for commission of offence punishable under Section 138 of Negotiable Instruments Act, 1881 (hereinafter called as "NI Act") shall remain suspended on applicants furnishing bail bond of Rs. 10,000/- each and further directed that if 25% of compensation granted by the Trial Magistrate is deposited within one month, then, they shall be entitled to be released on bail.
(2.) Shri M.K. Bhaduri, learned Counsel appearing for the applicants would submit that learned Additional Sessions Judge has committed an illegality in directing deposit of 25% of compensation granted by the Trial Magistrate as the amount of compensation granted under aforesaid provision of law is not a part of sentence. In support of his contention, reliance has been placed in the matter of Balraj Vs. State of U.P., 1995 AIR(SC) 1935
(3.) I have heard the learned Counsel appearing for the applicants and perused the order impugned carefully.