Condition To Deposit 50% Of Compensation Ordered Under S.357 CrPC To Suspend Sentence Unjustified : Supreme Court

The Supreme Court has held that a condition cannot be imposed that the convict must deposit 50% of the compensation directed under Section 357 of the Code of Criminal Procedure to suspend the sentence.

 “..we are of the opinion that taking into account the purpose and object of Section 357, read with its enunciation in Dilip S. Dahanukar vs. Mahindra Co. Ltd. [2007 (6) SCC 528], the direction of the High Court granting suspension of sentence subject to the condition of depositing 50% of compensation is not justified,” observed a bench comprising Justices PS Narasimha and Pankaj Mithal.

The Court was considering a petition filed by a convict aggrieved by a direction imposed by the Bombay High Court that he should deposit 50% of the compensation of about Rs 2.8 crores to suspend his sentence. He was sentenced to four year's imprisonment for the offence of criminal breach of trust under Section 409 of the Indian Penal Code.

Disapproving of the High Court's condition, the Supreme Court set it aside.

Case Title : Nikhil v State of Maharashtra

Citation : 2024 LiveLaw (SC) 478

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