AJAY TANWAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS criminal misc. petition under Section 482 40 Cr.P.C. is directed against the orders dated 13.8.2008 and 18.8.2008 passed by Additional Sessions Judge (Fast Track) No. 1, Jaipur City, Jaipur.

(2.) THE facts in brief are that by judgment dated 7.8.2008 passed by Addl. Civil Judge (Jr. Div.) and Judicial Magistrate No. 23, Jaipur City, Jaipur the petitioners were convicted under Section 498 -A IPC and each of them was sentenced to simple imprisonment for one year and a fine of Rs. 500/ - and in default of payment of the fine further simple imprisonment for fifteen days. Against this judgment of conviction and order of sentence the petitioners filed an appeal. The appellate Court i.e. Additional Sessions Judge (Fast Track) No. 1, Jaipur City, Jaipur by order dated 13.8.2008 suspended execution of the sentence of imprisonment only. The petitioners then filed an application before the appellate Court praying therein that the sentence of fine passed against them be also suspended. Learned Additional Sessions Judge (Fast Track) No. 1, Jaipur City, Jaipur by order dated 18.8.2008 rejected this application. Aggrieved, the petitioners have filed this misc. petition.

(3.) I am of the opinion that when an appellate Court has power under Section 389 Cr.P.C. to suspend the execution of the sentence or order appealed against then it also has the power' to impose reasonable condition. Here in the instant case the amount of fine is Rs. 500/ - with respect to each petitioner. It is not the case of the petitioners that they are so indigent that they are not in a position to deposit the amount of fine. Therefore, in the facts and circumstances of the case where fine amount is not heavy the appellate Court has not committed any error or illegality by imposing a condition that the fine be remitted. I find support from the judgment of the Apex Court reported in 2007(2) Crimes 435 (SC).