PRAVEEN THAKUR-COMPANY Vs. KESAR SINGH

JUDGEMENT

(1.) CHALLENGE herein is to an order passed by learned Sessions Judge, Hamirpur in an application under Section 389 of the Code of Criminal Procedure filed in Criminal Appeal No. 23 of 2012 for suspension of sentence awarded against the petitioner, who is a convict. Learned Sessions Judge has ordered to suspend the sentence subject to deposit of 50% of the compensation awarded against the petitioner -convict while sentencing him. The impugned order has been challenged on the ground that no such condition should have been imposed upon the petitioner -convict and rather the sentence suspended merely on a direction to furnish bail bond by him. The law is no more res -integra on this issue as the Apex Court and the various High Courts' including this High Court by way of judicial pronouncements has held that awarding compensation in terms of Sub -section (3) of Section 357 of the Code of Criminal Procedure against the convict is sentence like the imposition of sentence of fine. On his failure to deposit the amount of compensation, sentence of imprisonment can be imposed upon him. The issue is covered against the petitioner -convict by a judgment of this Court passed in Criminal Revision No. 57 of 2012 titled Tek Ram versus M/s Kaka and Associates on 15th July, 2013, wherein after taking note of the law laid down by the Apex Court and other High Courts', it has been held that there is nothing illegal in suspension of sentence subject to deposit of amount of compensation by the convict. This judgment reads as follow:

(2.) IN view of the above stated legal position, this petition fails and the same is accordingly dismissed. Pending application(s), if any, shall also stand disposed of.