BHAGWATI SAHAY KATRIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of this criminal misc. petition filed under Section 482 of CrPC, the accused petitioner Bhagwati Sahay Katriya has prayed to set-aside the condition of depositing Rs. 55,000/- compensation amount imposed by the learned Additional Sessions Judge (Fast Track) No. 7, Jaipur City, Jaipur while passing the order under section 389 (1) of CrPC with regard to suspension of sentence.

(2.) Heard the learned counsel for the accused petitioner, learned PP appearing for the State and carefully perused the relevant material including the impugned order.

(3.) Learned counsel for the accused petitioner canvassed that the impugned order dated 9.2.2010 passed by the appellate court is contrary to the provisions of Section 389 (1) of CrPC. The provisions of Section 389 (1) of CrPC do not envisage any condition to be imposed while passing an order with regard to suspension of sentence. If such a condition, as in the instant case, is imposed while passing an order with regard to suspension of sentence, it is a clear denial to bail. He further canvassed that such a practice of imposing condition at the time of suspension of sentence adopted by the subordinate courts has been severely deprecated by the Hon'ble Apex Court as also this Court from time to time. He has cited one judgment of Amarveer Singh v. State of Rajasthan passed in S.B. Criminal Misc. Petition No. 1356/2009; decided on 10th September, 2009, by this Court.