MOHAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties. The accused-petitioners have preferred this criminal miscellaneous petition under Section 482 Cr.P.C. against that part of order dated 06.11.2012 passed by the Additional Sessions Judge No. 2, Kishangarh Bas, (District Alwar) passed in Criminal Appeal No. 26/2012 whereby the learned Appellate Court while suspending the sentence awarded by the trial Court further imposed a condition that the petitioners shall deposit the entire amount of fine awarded by the trial Court.

(2.) Brief relevant facts for the disposal of this petition are that the accused-petitioners were convicted by the trial Court i.e. Judicial Magistrate, Mundawar, (District Alwar) in Regular Criminal Case No. 23/07.09.2003 vide judgment and order dated 25.10.2012 for the offences under Sections 148, 447, 341 or 341 read with Section 149, 323 or 323 read with Section 149, 325 or 325 read with Section 149 and for offence under Section 326 or 326/149 IPC and sentenced for imprisonment of various periods and also for various amounts of fine.

(3.) Feeling aggrieved, the petitioners filed the aforesaid appeal under Section 374 Cr.P.C. and the same was admitted by the Appellate Court. Along with the appeal, application under Section 389 Cr.P.C. for suspension of sentence was also filed by the petitioners and the same was allowed by the Appellate Court with the condition that each and every petitioner shall submit surety bond of Rs. 10,000/- and personal bond of the like amount to the satisfaction of the trial Court. At the same time a further condition was also imposed that each and every petitioner shall deposit entire amount of fine imposed by the trial Court. Feeling aggrieved with the condition of deposit of amount of fine, the petitioners are before this Court by way of this criminal miscellaneous petition.