K. Naga Kumar v. G. Shekhar Reddy

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.2483 OF 2016 ORDER:

This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (Cr.P.C.) to relax the condition imposed by the VIII Additional District and Sessions Judge, at L.B.Nagar, by order passed in Crl.M.P.No.64 of 2016 in Crl.A.No.121 of 2016, dated 18.02.2016, while suspending the sentence of imprisonment, pending disposal of appeal, directing the petitioner to deposit an amount of Rs.2,00,000/- (Rupees two lakhs only) within seven days from the date of order. Heard and perused the material.

Learned counsel for the petitioner submitted that the petitioner is unable to deposit an amount of Rs.2,00,000/- (Rupees two lakhs only) as he is financially incapacitated. He prays this Court to set aside the condition of the petitioner depositing the said amount. Considering the facts and circumstances of the case, once the matter is admitted for adjudication, this Court is of the view that there is no need for imposing such a condition and as such, the condition imposed by the lower appellate Court that the petitioner shall deposit an amount of Rs.2,00,000/- (Rupees two lakhs only) is hereby set aside and the remaining part of the Order of the lower appellate Court is confirmed.

With the above observations, the Criminal Petition is disposed of. Consequently, the miscellaneous petitions filed in the criminal revision case, if any, shall stand closed.

_____________________ JUSTICE RAJA ELANGO 25.02.2016 pln