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Judgment
7 paragraphs · 221 wordsManoj Kumar Garg, J
Instant misc. application has been filed by the appellant under Section 482 of Cr.P.C. seeking modification in the order dated 09.05.2024 passed by this Court in S.B. Cr. Misc. Application for Suspension of Sentence No.971/2022 whereby, the sentence awarded to the appellant was suspended subject to the condition that he shall deposit the 50% of the fine as imposed by the 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, the condition to deposit 50% of the fine amount may be waived.
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 filed by the appellant.
Accordingly, the order dated 09.05.2024 passed in S.B. Cr. Misc. Application for Suspension of Sentence No.971/2022 is modified to the extent that instead of depositing 50% of the fine amount, the appellant shall deposit Rs.20,000/-. The rest of the conditions shall remain intact.
The application is partly allowed accordingly.