Read Order: Sardool Singh alias Doola v. State of Punjab

Monika Rahar

Chandigarh, May 20, 2022:  While clarifying that u/s 375(2) Cr.P.C. no fine is to be paid before the decision of the appeal, the Punjab and Haryana High Court has allowed the revision petition against the order of the lower appellate court wherein the recovery of fine imposed by the trial court was kept intact and the sentence given by the trial Court to the accused was suspended subject to the payment of the fine imposed.

The Bench of Justice Avneesh Jhingan held, “The order… [impugned] is modified to the extent that the sentence of petitioner shall remained suspended during the pendency of the appeal, subject to furnishing of bail bonds of a sum of Rs.50,000/- with surety in the like amount to the satisfaction of the trial Court. The recovery of fine shall remain stayed during the pendency of the appeal.”

The Court was called upon to decide a revision petition wherein order dated October 23, 2018 whereby the recovery of fine was not stayed and sentence of the petitioner was suspended subject to deposit of the fine amount of Rs.2,00,000/-.

In this case, the petitioner was convicted under Section 61(1) of Punjab Excise Act and he was sentenced for two years rigorous imprisonment and to pay a fine of Rs. 2,00,000/-. In case of default of payment of fine, he was directed to further undergo rigorous imprisonment for three months. 

The petitioner filed an appeal accompanied by application for stay of recovery of fine and suspension of sentence. The Appellate Court, after considering the heavy amount of fine imposed, did not stay the recovery of the fine but the sentence of the petitioner was suspended subject to deposit of the fine amount of Rs. 2,00,000/-.

Aggrieved by this order, the petitioner-accused filed the present revision. 

The Counsel for the petitioner relied upon the provisions of Section 357(2) Cr.P.C. and submitted that the impugned order was passed in violation of the provisions of Section 357(2) Cr.P.C.

The Court perused the above-stated provisions (Section 357 (2) Cr.P.C.) to observe that as per Sub-section 2 of Section 375 Cr.P.C., it is clear that in case appeal is filed no fine is to be paid before the decision of the appeal. 

Thus, in light of the above, the order dated October 23, 2018 was modified to the extent that the sentence of petitioner was order to remain suspended during the pendency of the appeal, subject to furnishing of bail bonds of a sum of Rs. 50,000/- with surety in the like amount to the satisfaction of the Trial Court. The Court added that the recovery of fine shall remain stayed during the pendency of the appeal. The petition was thus allowed. 

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