Chandigarh: The Punjab High Court and Haryana have held that if there is confidence in playback cases, the Court of Appeal has the power to suspend the punishment accused by imposing deposit conditions, but in case of failure to fulfill this condition, the sentence suspension will be automatically emptied.
Justice Vikas Bahl from HC has passed this order while dismissing the petition submitted by One Harwinder Singh looking for instructions to cancel the order on August 20, 2021, from the additional session of the judge, Sangrur.
HC rejected the request, said that it would defeat the purpose of the appeals court amendment, in appeal to belief below Section 138 of the instrument law that could be negotiated, while suspending the Petitioner / convicted penalty, had the power to impose conditions that were not deposited from fines / compensation, benefits Suspension of the sentence will be responsible for automatically emptied, “HC has been held.
HC bears that other interpretation of these provisions, more than that, interpretation of the effect that the amount is ordered to be saved to be restored as fine under section 421 of the code Criminal Procedure (CRPC), will fully defeat the amendment object and in fact it will result in multiplicity of the recovery process and punish him Lani strict prison sentence for two years.
The court also ordered it to pay the total amount of Rs 25 Lakh as compensation for the complainant.
That includes the number of RS17, 50,000 checks and an additional amount of Rs 7, 50,000.
The applicant has challenged these commands before the additional session of the Judge, Sangrur, along with the punishment and release application for guarantees during his sufferer.
While discarding the application for the suspension of the Petitioner’s sentence, additional session judges directed the applicant to deposit 20% of the total compensation given by the court of the trial within 60 days from the date of participation.
The lower court also explained that if the applicant failed to pay 20% of the total number of compensation in the specified period, the sequence of suspension of the sentence must be emptied automatically.
The applicant then approached HC.
His advice argues that the direction of illegal suspension of punishment cannot be emptied, especially, automatically.
However, HC rejected the request.