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Suspension Of Sentence Pending The Appeal

Under the provision of Section 389 Crpc , there was no express provision empowering the court to insist deposit of fine amount. In default of deposit of fine amount additional sentence of imprisonment was imposed. If the fine amount is not deposited,as directed automatically the additional sentence of imprisonment gets attracted.

Thus under the provision of subsection (1) of section 389 Crpc the entire sentence of imprisonment requires to be suspended and that the Appellate Court has no jurisdiction to insist deposit of fine amount or portion of it in any manner.

The provision of sub section ( 2) of section 357 of Crpc to contend that where the fine is imposed on a conviction and appeal is file, no payment shall be made untill the period allowed for presenting the appeal expires and if appeal was presented, no payment need be made untill appeal was disposed of. In view of the said provision, on presentation of appeal ,whatever liability to pay a fine gets automatically suspended.

The power of suspension u/s 389 Crpc is discretionary power and has to be exercised by the court judiciously. The provision of section 389 and the powers of Appeallate court u/s 386 (3) Crpc have to be read conjointly and the residuary power s under subsections (3) of section 386 makes it amply clear that the Appellate Court can make any amendments or consequential or incidental order that may be just and proper and the said order need not be a final order.

It was only a matter of discretion on the part of the Appellate Court and while exercising discretion, it is permissible for the Appellate Court to imposed any equitable condition s as it thinks just and proper. Therefore, the condition to insist deposit of payment of fine amount or part there if can't not be assailed as illegal.

When an order was made u/s 357 Crpc for payment of compensation or expenses out of fine amount notwithstanding the fact the additional sentence of imprisonment was imposed. Further, even in the absence of special order for payment of compensation, or expenses u/s 357 Crpc ,it was in the discretion of the Court to recover the fine levy warrant. However, the Court can do so for special reason to be recorded in writing.

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