Summary
The Supreme Court held that a fine imposed on conviction is itself a sentence that an appellate court may suspend under Section 389 CrPC, unconditionally or on conditions, and read the High Court's order suspending the 'sentence' of a convicted accused (seven years' rigorous imprisonment and a fine of Rs 95 lakh) as covering the fine. A deposit condition must not be impossible to comply with, as that may defeat the right of appeal. The CBI's appeal was disposed of by treating the Rs 15 lakh already deposited as the condition for suspending the fine.
Issues
- Whether a direction to pay a fine is a sentence that can be suspended under Section 389(1) CrPC.
- Whether the High Court's order suspending the sentence also suspended the fine, so that the respondent could not be committed to default imprisonment.
- Whether suspension of a sentence of fine should be conditional, and what limits apply to such conditions.
Provisions considered
- Section 389(1), Code of Criminal Procedure, 1973Empowers the appellate court to suspend execution of the sentence or order appealed against, which includes a sentence of fine, with or without conditions, following Satyendra Kumar Mehra. The corresponding provision is Section 430 of the BNSS. (¶¶ 5, 6, 8)
- Sections 53 and 64, Indian Penal Code, 1860Fine is one of the punishments in Section 53, and Section 64 speaks of an offender 'sentenced to a fine' and allows default imprisonment; so a direction to pay a fine is a sentence, and there can be a further sentence in default (corresponding to Sections 4 and 8(2) of the BNS). (¶ 5)
Held
- A direction to pay a fine issued on conviction is a sentence, distinct from any sentence imposed in default of payment, and can be suspended by the appellate court under Section 389(1) CrPC. (¶¶ 5, 6)
- The High Court's order suspending the respondent's sentence, which noted that the sentence comprised both imprisonment and fine, also suspended the fine; the CBI's contention that only the substantive sentence was suspended was rejected. (¶ 7)
- Whether suspension of a fine should be conditional depends on the facts and the nature of the offence; for example, a deposit may be required in cheque dishonour cases, while the approach may differ for IPC and cognate offences. Any deposit condition must not be impossible to meet, since that may defeat the right of appeal and offend Article 21. (¶ 8)
- Given the limited total sentence (about eight years and nine months including default imprisonment) and the heavy pendency of criminal appeals, the suspension order could not be faulted; the Rs 15 lakh deposited was treated as the condition for suspending the fine. (¶¶ 9, 10)
Result
Appeal disposed of, with the suspension order modified so that the Rs 15 lakh deposit is the condition for suspending the fine. The amount with interest to be sent to the Delhi High Court on maturity, kept in fixed deposit until the criminal appeal is decided, and its disbursal decided then.