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Judgment
7 paragraphs · 229 wordsManoj Kumar Garg, J
Instant misc. application has been filed by the appellant seeking modification in the order dated 27.09.2023 passed by this Court in SB Cr. Misc. Application for Suspension of Sentence No.1241/2023 whereby, the sentence awarded to the appellant was suspended subject to the condition that he shall deposit 50% of the fine amount as imposed by the learned trial court.
Learned counsel for the appellant submits that the appellant is very poor person, and he is not in a position to deposit such a huge amount of fine. Learned counsel for the appellant submits that due to financial constraints, he has not been able to reap the fruits of the order suspending his sentence till date, therefore, he may be exempted from depositing 50% of the fine amount.
Per contra, learned public prosecutor has opposed the prayer made by the appellant.
Having regard to the peculiar facts and circumstances of the case, I feel inclined to partly accept this application filled by the appellant.
Accordingly, the order dated 27.09.2023 is modified to the extent that 50% of the fine amount as ordered to be deposited is hereby reduced to Rs.10,000/-. The sentence awarded to the appellant shall now be suspended subject to deposit of amount of fine in the sum of Rs.10,000/-. Rest of the conditions shall remain intact.
The misc. application is partly allowed accordingly.