BUDHA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE application has been filed under Section 482 read with Section 389(2), Cr. PC., against the older dated 13.02.1978, passed by Sessions judge, Jodhpur.

(2.) THE relevant facts are that the applicant preferred an appeal before the Sessions Judge against the judgment of the Munsif and Judicial Magistrate, First Glass, Bilara, whereby he was convicted under Section 4/9 of the Opium Act and was sentenced to undergo one year's rigorous imprisonment and a fine of Rs 500/ -, in default, to undergo our month' further rigorous imprisonment Along with the' appeal the applicant presented an application for suspension of sentence. The learned Sessions Judge suspended' the execution of the sentence provided the applicant furnishes a personal bond for a sum of Rs 3,000/ -'with one surely in the like amount to the satisfaction of the Murisif and Judicial Magistrate, Bilara. 'A condition was further imposed that the sentence shall be suspended on depositing the fine of Rs. 500/. The applicant is aggrieved with this condition of depositing of fine of Rs 500/ -.

(3.) THE learned Public Prosecutor, on the other hand, submitted that under Section 389(1), Cr. P.C, it is not necessary that the sentence in its entirety is required to be suspended. It car, even be partially suspended and thus there was no illegality committed by the learned Sessions Judge in the impugned order.