9911796707
TMI Blog2023 (12) TMI 1323X X X X Extracts X X X X X X X X Extracts X X X X ..... nd in default to undergo simple imprisonment for one month. It is also ordered that, if the compensation amount is realised, the same shall be given to the complainant in the case. 2. Aggrieved by the conviction and sentence, the petitioner filed an appeal before the Sessions court, Kottayam. The Sessions court suspended the sentence as per order dated 24.06.2023 in CMP No. 44/2023 in Crl.Appeal No. 109/2023 with a condition that the petitioner will deposit 20% of the compensation amount before the trial court within 60 days from the date of order. Aggrieved by the same, this Crl.M.C is filed. 3. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor. Even though notice was served on the 2nd respondent, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of suspension of sentence without imposing the condition of deposit of 20% of the fine/compensation amount. As stated earlier, if the Appellate Court comes to the conclusion that it is an exceptional case, the reasons for coming to the said conclusion must be recorded. 8. The submission of the learned counsel appearing for the original complainant is that neither before the Sessions Court nor before the High Court, there was a plea made by the appellants that an exception may be made in these cases and the requirement of deposit or minimum 20% of the amount be dispensed with. He submits that if such a prayer was not made by the appellants, there were no reasons for the Courts to consider the said plea. 9. We disagree with the above subm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (3) The Appellate Court may direct the release of the amount deposited by the appellant to the complainant at any time during the pendency of the appeal: Provided that if the appellant is acquitted, the Court shall direct the complainant to repay to the appellant the amount so released, with interest at the bank rate as published by the Reserve Bank of India, prevalent at the beginning of the relevant financial year, within sixty days from the date of the order, or within such further period not exceeding thirty days as may be directed by the Court on sufficient cause being shown by the complainant." 7. In the above Section, it is clearly stated that the appellate court may order the appellant to deposit such sum which shall be a mini ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the sentence, in the light of the principle laid down by the Apex Court in Jamboo Bhandari's case (supra), a reason is necessary. 8. In this case, Annexure 3 is the suspension order. It will be better to extract the same: "Heard. Perused the documents. Sentence is suspended on condition that the appellant/petitioner will deposit 20% of the compensation amount before the trial court within 60 days from this date. For compliance report 25.08.2023" From the above order, it is clear that the Sessions court has not applied its mind before imposing 20% of the compensation amount. In the light of the dictum laid down by the Apex Court in Jamboo Bhandari's case (supra), the above order is unsustainable. Moreover, there is no order requi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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