Reasonable compensation deposit conditions in sentence suspension must not burden the right of appeal; excessive deposit reduced.

While suspending sentence pending appeal, the Appellate Court may impose a condition securing compensation, but the condition must be reasonable and must not be so onerous as to undermine the right of appeal or cause punitive consequences for inability to comply. The Court applied Sections 389 and 357 CrPC, holding that compensation-linked terms are permissible when exercised with a balanced, purposive approach. On the facts, a direction to deposit 40% of the compensation was found excessive and was reduced to 25%.

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Issues: Whether, while suspending sentence pending appeal, the Appellate Court can direct deposit of a compensation amount as a condition, and if so, whether the amount and condition imposed must be reasonable.

Analysis: Section 389 of the Code of Criminal Procedure, 1973 does not prohibit the Appellate Court from imposing terms while suspending sentence, and the power is to be exercised in a manner that balances the rights of the accused and the complainant. The Court relied on the principle that compensation-related conditions cannot be so onerous as to defeat the statutory right of appeal or result in incarceration for inability to comply. The reasoning drew support from the compensatory framework under Section 357 of the Code of Criminal Procedure, 1973, the liberal approach to remedial provisions, and the requirement of purposive construction, particularly where the amount sought to be secured is compensation and not fine. Applying that approach, the Court found that a direction to deposit 40% of the compensation amount was excessive in the facts of the case.

Conclusion: The Appellate Court was entitled to require a deposit as a condition for suspension of sentence, but the condition had to be reasonable; the impugned direction was modified and the deposit was reduced to 25% of the compensation amount.

Final Conclusion: The petition succeeded to the extent of modification of the condition for suspension of sentence, and the relief granted was limited to reduction of the compulsory deposit.

Ratio Decidendi: While suspending sentence in appeal, the Appellate Court may impose a condition to secure compensation, but such a condition must be reasonable and cannot be so burdensome as to nullify the right of appeal or cause punitive consequences for non-compliance.

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