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Judgment
7 paragraphs · 243 wordsManoj Kumar Garg, J
Instant misc. application has been filed by accused-appellant seeking modification in the order dated 28.05.2024 passed by this Court in SB Cr. Misc. SOS Application No.109/2024 whereby, the sentenced awarded to the appellant was suspended subject to the condition that he shall deposit 50% of the amount of fine as imposed by the learned trial court.
Learned counsel for the appellant submits that the fine amount imposed by the trial court is very high and the financial condition of the appellant is not good, therefore, 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.
Per contra, learned special 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 28.05.2024 is modified to the extent that 50% of the fine amount as ordered to be deposited before the trial court is hereby reduced to Rs.1,00,000/-. The sentence awarded to the appellant shall now be suspended subject to deposit the fine amount in the sum of Rs.1,00,000/-. Rest of the conditions shall remain intact.
The misc. application is allowed accordingly.