Section 482 CrPC and conditional bail compliance determine maintainability and vacatur of suspended sentence.

Section 482 CrPC may be invoked to prevent abuse of process and secure the ends of justice even without challenging a specific order, so a maintainability objection was rejected where the grievance concerned continuation of the proceedings. Where suspension of sentence was granted subject to compliance with a lawful deposit condition under Section 148 of the Negotiable Instruments Act, failure to comply justified vacating the suspension and bail. The court treated breach of the condition as sufficient for appellate intervention, holding that a statutory appeal cannot be used to defeat procedural conditions imposed by law.

---

---

Issues: (i) whether a petition under Section 482 of the Code of Criminal Procedure, 1973 was maintainable without challenging a specific order; and (ii) whether non-compliance with the deposit condition under Section 148 of the Negotiable Instruments Act, 1881 justified vacating suspension of sentence and bail.

Issue (i): whether a petition under Section 482 of the Code of Criminal Procedure, 1973 was maintainable without challenging a specific order.

Analysis: The inherent power under Section 482 extends to making orders necessary to prevent abuse of process of any court and to secure the ends of justice. A petitioner invoking that jurisdiction is not confined to challenging a particular order if the grievance is that the continuation of the impugned conduct or proceedings amounts to abuse of process. The petition specifically sought directions regarding hearing of the appeal and cancellation of suspension of sentence and bail, so the objection to maintainability was rejected.

Conclusion: The petition was held to be maintainable.

Issue (ii): whether non-compliance with the deposit condition under Section 148 of the Negotiable Instruments Act, 1881 justified vacating suspension of sentence and bail.

Analysis: The appellate court had granted suspension of sentence subject to deposit of 20% of the compensation amount, and time was extended for compliance. The condition was not complied with despite earlier directions. The decision relied on the principle that where suspension of sentence is granted on a condition, non-compliance can result in the suspension standing vacated, and the appellate court is competent to take appropriate action on breach of the condition. The court also held that a statutory right of appeal cannot be used to defeat or abuse the procedural conditions imposed by law, and Article 21 does not protect continued benefit of a bail order obtained subject to a violated condition.

Conclusion: Non-compliance with the conditional deposit requirement justified setting aside the appellate order and vacating suspension of sentence and bail.

Final Conclusion: The petition succeeded, the impugned order was set aside, and the respondent's suspension of sentence and bail stood vacated for breach of the imposed condition.

Ratio Decidendi: Where suspension of sentence is granted subject to compliance with a lawful condition, the appellate court may vacate that suspension upon non-compliance, and the inherent jurisdiction under Section 482 of the Code of Criminal Procedure, 1973 can be invoked to prevent abuse of process and secure the ends of justice.

---