Summary
The Supreme Court upheld a direction to deposit the fine imposed as part of a criminal sentence while imprisonment was suspended pending appeal. Section 357(2) CrPC postpones payment of compensation; it does not automatically stay the fine merely because an appeal is filed. No compensation had been directed in this case. The appellate court’s separate power under section 389 to suspend imprisonment or fine, with or without conditions, remained available.
Issues
- Whether filing an appeal automatically stayed a sentence of fine under section 357(2) CrPC.
- Whether the High Court could require deposit of fine while suspending imprisonment.
Provisions considered
- Section 357, Code of Criminal Procedure, 1973The restriction in subsection (2) concerns payment of compensation under subsections (1) and (3). It does not suspend a sentence of fine. As no compensation order existed here, subsection (2) did not apply. (¶¶ 11, 12, 13, 14, 15, 23, 33, 37)
Held
- Section 357 must be read in its statutory context and in light of its compensation purpose. The embargo delays utilisation of compensation during the appeal period or a pending appeal; it does not by itself stay execution of a fine imposed as punishment. The present sentence contained no direction applying any fine to compensation. (¶¶ 11, 12, 13, 14, 15, 16, 32, 33, 37)
- Dilip S. Dahanukar concerned compensation under section 357(3), rather than the bare sentence of fine at issue here, and did not support the claimed automatic stay. The cited High Court decisions either involved compensation or failed to distinguish a fine from an order applying it as compensation. Stanny Felix Pinto upheld a deposit condition but did not decide the interpretation of section 357(2). (¶¶ 17, 18, 19, 20, 21, 22, 23, 24, 25, 27, 28, 29, 30, 31)
- Suspension of sentence operates under section 389, in a different field. The appellate court may suspend imprisonment and fine, impose conditions, or require deposit of all or part of the fine. Having suspended imprisonment, the High Court committed no error by directing deposit of the fine. The merits of the pending conviction appeal were not determined. (¶¶ 15, 34, 35, 36, 37)
Result
Appeal dismissed; High Court direction to deposit the fine while imprisonment stood suspended pending appeal upheld.