BABU SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) NO one appears for respondent No. 2 though service of notice available on record dated 13.3.2008.

(2.) BY the instant criminal miscellaneous petition under Section 482, Cr.P.C. the petitioner-accused has challenged the order dated 1.3.2008 passed by the Sessions Judge. Sirohi (for short, "the Appellate Court'" hereinafter) in Criminal Appeal No. 8 of 2008 to the extent of directing the petitioner to deposit a sum of Rs. 85.000/- while suspending the sentence awarded to the petitioner by the judgment and order dated 30.6.2006 passed by the Chief Judicial Magistrate. Sirohi (for short, "'the Trial Court'" hereinafter) in Criminal Case No. 403 of 2008.

(3.) LEARNED Counsel for the petitioner-accused has relied on a decision of the Hon'ble Supreme Court in Stanny Felix Pinto v. Jangid Buildings Pvt. Ltd. & Anr. II (2001) BC 57 (SC)= 2001(1) Apex Court Journal 189 (SC); and a decision of the Kerala High Court in P.P. Mohammed v. State of Kerala. III (2007) BC 155.