Negotiable Instruments Act, 1881 S. 148 – bail – Suspension – Cancellation -When suspension of sentence by the trial court is granted on a condition, non- compliance of the condition has adverse effect on the continuance of suspension of sentence – The Court which has suspended the sentence on a condition, after noticing non-compliance of the condition can very well hold that the suspension of sentence stands vacated due to non-compliance – The order of the Additional Sessions Judge declaring that due to non- compliance of condition of deposit of 25% of the amount of compensation, suspension of sentence stands vacated is well within the jurisdiction of the Sessions Court – It is for the Appellate Court who has granted suspension of sentence to take call on non-compliance and take appropriate decision – What order is to be passed by the Appellate Court in such circumstances is for the Appellate Court to consider and decide – However, non-compliance of the condition of suspension of sentence is sufficient to declare suspension of sentence as having been vacated.
2020 SCeJ 2313, 2020 PLRonline 22493
