PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This misc. application has been filed by the appellant for waiving the condition No.4 in the order dtd. 27/10/2021 passed by this Court in S.B. Criminal Suspension of Sentence No.628/2020. This Court while suspending the sentence of the appellant directed that the sentence of the appellant may be suspended subject to depositing the fine amount by the appellant as imposed by the learned trial court.

(2.) Learned counsel for the appellant submits that the appellant is very poor person, and he is not in a position to deposit such a huge amount of fine. Learned counsel for the appellant submits that due to financial constraints, he has not been able to reap the fruits of the order suspending his sentence till date, therefore, he may be exempted from depositing the fine.

(3.) Per contra, learned public prosecutor has opposed the prayer made by the appellant.