SUKHDEV SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY order dated 17.4.2008 the notice for final disposal was issued to the respondents. Notice has been served on the contesting re spondent No. 2. No one appears for the respondent No. 2 though served.

(2.) BY the instant criminal miscellaneous petition under Section 482 Cr.P.C. the petitioner-accused has challenged the order dated 01.4.2008 passed by the learned Sessions Judge, Hanumangarh (for short, "the Appellate Court" hereinafter) in Criminal Appeal No. 44/2008 to the extent of directing the petitioner to deposit a sum of Rs. 2,00,000/- while suspending the sentence awarded to the petitioner by the judgment and order dated 20-3-2008 passed by the Judicial Magistrate, First Class, Hanumangarh (for short, "the Trial Court" hereinafter) in Criminal Case No. 275/2007.

(3.) LEARNED counsel for the petitioner-accused has relied on a decision of the Hon'ble Supreme Court in Stanny Felix Pinto vs. Jangid Buildings Pvt. Ltd. & Anr., (2001) 3 SCC 416; and a decision of the Kerala High Court in P.P. Mohammed vs. State of Kerala, 2006 (1) DCR 526 = 2006 (2) NIJ 282 (Ker.).