Suspension of sentence may be conditioned on part-payment of fine when appeal or revision is pending.

While suspending a sentence for an offence under the Negotiable Instruments Act, the court may impose a condition requiring deposit or remittance of part of the fine within a specified time. The Supreme Court upheld the High Court's view that such a condition is proper where imprisonment and fine are suspended pending appeal or revision, and found the direction neither unjust nor unconscionable. No interference was called for, so the suspension condition was sustained.

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Issues: Whether, while suspending a sentence imposed for an offence under Section 138 of the Negotiable Instruments Act, 1881, the court may impose a condition requiring deposit or remittance of part of the fine.

Analysis: The order upheld the High Court's approach that, where a sentence of imprisonment and fine is suspended pending appeal or revision, it is proper to impose a condition that a part of the fine be remitted within a specified time. The amount directed to be deposited was considered against the backdrop of the total fine imposed, and the condition was found neither unjust nor unconscionable. The Court found no reason to interfere with the impugned order.

Conclusion: The condition attached to suspension of sentence was sustained, and the challenge to the High Court's order failed.

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