In CRR-2723-2022(O&M)-PUNJ HC- As per Sec.357(2) Cr.PC, in case appeal is filed, no fine is to be paid before decision of appeal: P&H HC 
Justice Jagjit Singh Bedi  [23-02-2023]

Read Order: Ravi Kumar v. State of Punjab

Monika Rahar

Chandigarh, February 25, 2023: While dealing with a case wherein the appellate court suspended the petitioner's substantive sentence during the pendency of the appeal and ordered him to be released on bail, subject to the deposition of fine amount and on furnishing bail bonds in the sum of Rs. 50,000 with one surety of the like amount, the High Court of Punjab and Haryana has held that as per Sub-Section 2 of Section 357 Cr.P.C., it is clear that in case an appeal is filed no fine is to be paid before the decision of the appeal.

The Bench of Justice Jagjit Singh Bedi held, "As per Sub Section 2 of Section 357 Cr.PC, it is clear that in case an appeal is filed no fine is to be paid before the decision of the appeal."

The present revision petition was preferred against the order of the Court of Additional Sessions Judge, Sangrur in an FIR registered under Sections 61/1/14 of Punjab Excise Act.

The petitioner and his co-accused were convicted under Section 61 (1)(a) of Punjab Excise Act, 1914 and were sentenced to a period of two years rigorous imprisonment and to pay a fine of Rs. 1 Lacs and in default of payment of fine he was to further undergo RI for 01 month.

An appeal was preferred accompanied by an application for stay of recovery of fine and suspension of sentence. The appellate court suspended the substantive sentence of the petitioner and his co-convict during the pendency of the appeal and ordered them to be released on bail, subject to the deposit of fine amount and on furnishing bail bonds in the sum of Rs. 50,000/- each with one surety of the like amount to the satisfaction of the Illaqa/Duty Magistrate.

This order was challenged before the High Court in the present revision petition.

The Counsel for the petitioner/convict, while relying upon the provisions of Section 357(2) Cr.P.C., submitted that the impugned order could not have been passed asking the petitioner to deposit the amount in view of the statutory provisions.

The State Counsel fairly conceded that the impugned order was liable to be set aside.

After hearing the parties, the Court observed that as per Sub Section 2 of Section 357 Cr.PC, it is clear that in case an appeal is filed no fine is to be paid before the decision of the appeal.

In view of the above discussion, the aforesaid order was modified to the extent that the sentence of the petitioner shall remain suspended during the pendency of the appeal subject to furnishing of bail bonds for a sum of Rs. 50,000/- with one surety in the like amount each to the satisfaction of the Illaqa Magistrate/Duty Magistrate. The recovery of fine shall remain stayed during the pendency of the appeal, the Bench added. 

The present petition was thus allowed.