KEDAR NATH Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER Kedar Nath (accused), who presently is confined in Central Jail, Ambala, has filed this criminal revision against the order dated 8.4.2006, passed by the Additional Sessions Judge, Jagadhri, whereby on an application for suspension of sentence filed by the petitioner along with the appeal filed against the judgment of conviction and order of sentence passed by the trial Court under Section 138 of the Negotiable Instruments Act, a condition was imposed i.e., to deposit an amount of Rs. 1,50,000/- before the trial Court at the time of furnishing his bail bonds.

(2.) I have heard the counsel for the parties and gone through the judgment of conviction and order of sentence passed by the trial Court as well as the impugned order passed by the Appellate Court.

(3.) AGAINST the aforesaid judgment of conviction and order of sentence, the petitioner filed an appeal before the Additional Sessions Judge, Yamuna Nagar. The same was admitted and notice in the application for suspension of sentence was issued. It was argued that the petitioner has not deposited the amount of fine of Rs. 3 lacs as imposed by the trial Court, therefore, the sentence imposed upon him cannot be suspended. After hearing the counsel for the parties, the Appellate Court ordered the suspension of sentence subject to the condition that the petitioner will deposit an amount of Rs. 1,50,000/- before the trial Court at the time of furnishing of his bail bonds in the sum of Rs. 10,000/- with one surety in the like amount.