Condition to deposit 50% of compensation ordered under Section 357 CrPC for suspension of sentence unjustified: Supreme Court

The Supreme Court has ruled that in order to obtain a suspended sentence, the convicted person cannot be required to pay 50% of the compensation stipulated in Section 357 of the Code of Criminal Procedure.

“…we are of the view that the direction of the Supreme Court granting suspension of sentence subject to deposit of 50% compensation is not justified considering the object and objective of Section 357 read with its language in Dilip S. Dahanukar vs. Mahindra Co. Ltd. (2007 (6) SCC 528),” observed a bench comprising Justices PS Narasimha and Pankaj Mithal.

The court was considering the petition of a convict who was upset over the Bombay High Court’s order that he deposit 50% of the compensation of around Rs 2.8 crore to suspend his sentence. He was sentenced to four years in prison for criminal breach of trust under Section 409 of the Indian Penal Code.

The Supreme Court disapproved of the High Court’s order and set it aside.

Click here to read the order