Darshana Rani Kapoor vs Smt. Pawan Oberoi

Prafulla C. Pant, J.—By means of this petition, moved u/s 482 of Code of Criminal Procedure, 1973, the petitioner has challenged the condition imposed by the Sessions Judge, Dehradun, vide order dated 12.04.2010, in Criminal Appeal No. 25 of 2010, Smt.Darshana Rani Kapoor v. State, to stay the recovery of the amount of compensation awarded by the trial court, while convicting the petitioner in the criminal complaint case No. 114 of 2010.

Heard learned counsel for the parties and perused the impugned order.

The appellate court has admitted the appeal on 12.04.2010, and granted the bail to the appellant (present petitioner). However, to stay the recovery of compensation a condition has been imposed that fifty per cent of the amount of compensation directed to be paid, shall be deposited by the appellant.

Learned counsel for the petitioner pleaded that the condition imposed is harsh and also illegal.

Having heard learned counsel for the parties and after going through the papers on record, this petition u/s 482 of Cr.P.C. is disposed of summarily modifying the condition imposed by the appellate court observing that on depositing Rs.50,000/- (out of Rs.1,50,000/- directed to be paid as compensation) before the trial court, within a period of fifteen days from today by the appellant (present petitioner), the recovery of remaining amount of Rs.1,00,000/- shall remain stayed till the disposal of appeal. It is further observed that the amount shall not be withdrawn by the complainant until the disposal of appeal or order passed by the appellate court, whichever is earlier.