2024 (5) TMI 1424

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....r challenged the judgments of conviction and sentence before the District and Sessions Court, Alappuzha in Crl.A. Nos.20/2024, 21/2024 and 22/2024. Along with the appeal, the petitioner filed applications under Section 389 Cr.P.C seeking suspension of sentence. The Sessions Court, in the applications under Section 389 Cr.P.C. suspended the sentence passed by the learned Magistrate on condition that the petitioner shall execute a bond for Rs.50,000/-(rupees Fifty Thousand Only) with two solvent sureties each for the like sum to the satisfaction of the trial court and to deposit an amount not less than 20% of the fine amount. 3. The learned counsel for the petitioner contented that the Sessions Court has not assigned any reason for directing....

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....ate Court comes to the conclusion that it is an exceptional case, the reasons for coming to the said conclusion must be recorded. 8. The submission of the learned counsel appearing for the original complainant is that neither before the Sessions Court nor before the High Court, there was a plea made by the appellants that an exception may be made in these cases and the requirement of deposit or minimum 20% of the amount be dispensed with. He submits that if such a prayer was not made by the appellants, there were no reasons for the Courts to consider the said plea. 9. We disagree with the above submission. When an accused applies under Section 389 of the Cr.P.C. for suspension of sentence, he normally applies for grant of relief of su....