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Supreme Court of India · 24/10/2024

CENTRAL BUREAU OF INVESTIGATION versus ASHOK SIRPAL

[2024] 10 S.C.R. 930 · 2024 INSC 819

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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

  1. Whether a direction to pay a fine is a sentence that can be suspended under Section 389(1) CrPC.
  2. Whether the High Court's order suspending the sentence also suspended the fine, so that the respondent could not be committed to default imprisonment.
  3. Whether suspension of a sentence of fine should be conditional, and what limits apply to such conditions.

Provisions considered

Held

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.

Judgment PDF: Supreme Court of India, [2024] 10 S.C.R. 930.