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2021 DIGILAW 2186 (RAJ)

Prakash v. State of Rajasthan

2021-11-20

MANOJ KUMAR GARG

body2021
JUDGMENT Manoj Kumar Garg, J. - This misc. application has been filed by the appellant for waiving the condition No.4 in the order dated 27.10.2021 passed by this Court in S.B. Criminal Suspension of Sentence No.628/2020. This Court while suspending the sentence of the appellant directed that the sentence of the appellant may be suspended subject to depositing the fine amount by the appellant as imposed by the learned trial court. 2. 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 the fine. 3. Per contra, learned public prosecutor has opposed the prayer made by the appellant. 4. Having regard to the peculiar facts and circumstances of the case, I feel inclined to partly accept this application filled by the appellant. 5. Accordingly, the order dated 27.10.2021 is modified to the extent that the amount of fine 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. 6. The application is partly allowed accordingly.