BHANWAR NATH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard the learned counsel for the petitioner as well as learned Public Prosecutor.

(2.) This petition has been filed Under Section 482, Criminal Procedure Code challenging the order dated 13.6.2001. passed by the Sessions Judge, Jaisalmer in Criminal Appeal No. 31/2001.

(3.) The learned counsel for the petitioner submitted that when the sentence is to be suspended it is to be suspended not only with regard to substantive sentence but also with regard to fine also. If pending litigation the petitioners/appellants have to deposit the fine a great hardship may be caused to them. The learned counsel has relied upon two pronouncements of our own High Court in Budhram v. State, 1990(1) RCC 13 and Mool Chand v. State, 1992 RCC 289. On the contrary learned Public Prosecutor has supported the impugned order.