JUDGMENT 1. - The accused-petitioners were convicted by the Additional Chief Judicial Magistrate, Neem-ka-Thana vide judgment dated 7-3-91 for offence under Sections 147, 447, 336, 323 and 325 read with Section 149 IPC and sentenced to various terms of imprisonment and a fine of Rs. 2000/- each. The accused preferred an appeal challenging their conviction and sentence before the Addl. Sessions Judge, Neem-ka-Thana wherein they also moved an application for offence under Sec. 389 Cr.P.C. for suspending the sentence during the pendency of appeal. The learned Addl. Sessions Judge, vide his order dated 20-3-91 directed the suspension of the sentence provide the male accused deposits half of the fine imposed on them and the female accused 1/4th of the same i.e. Rs. 1000/- and Rs. 500/- respectively. He however, exempted Girdhari from payment of fine because he was blind. This order has been challenged in this petition under Section 482 Cr.P.C. wherein the learned Judge, admitting the petition directed the appellate Court to suspend the sentence produced each of the accused furnished a personal bond in the sum of Rs. 5,000/- with one surety in the like amount to the satisfaction of the Addl. Chief Judicial Magistrate, Neem-ka-Thana. In fact, in view of this order, no order requires to be passed by this Court yet I would like to clarify that while passing the orders under Section 389 Cr.P.C. the appellate Court was expected to give effect to the provisions of law in the spirit in which the law has been enacted. If the accused are required to deposit 50% or 1/4th of the fine, it cannot be said that the order has been passed suspending the sentence in real terms. The order passed in this case by the learned Addl. Sessions Judge is one which is not warranted by law and deserves to be set aside as such. In this view of the matter, the condition imposed in the order regarding depositing 50% of the fine by accused Mool Chand, Lekhu, Sona Ram, Mukkha and Rs. 500/- each by Smt. Makhani, Smt. Suwati, Smt. Manni and Smt. Chawali is set aside. 2. This petition is disposed of as aforesaid. *******