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Issues: Whether Section 357(2) of the Code of Criminal Procedure, 1973 stays recovery of fine imposed as part of a sentence during the pendency of an appeal, and whether the appellate court could direct deposit of the fine while suspending the sentence.
Analysis: Section 357 of the Code of Criminal Procedure, 1973 is concerned with payment of compensation out of fine, or compensation awarded where fine does not form part of the sentence. The embargo in sub-section (2) operates only against payment of compensation under sub-sections (1) and (3), and not against the sentence of fine itself. Suspension of sentence pending appeal is governed by Section 389, which empowers the appellate court to suspend execution of the sentence and impose appropriate conditions. Where no compensation is directed to be paid out of the fine, Section 357(2) has no application. The heading and scheme of Section 357 support this construction.
Conclusion: Section 357(2) did not bar the High Court from directing deposit of the fine, and the appellant's challenge failed.
Final Conclusion: The fine imposed as part of the sentence remained enforceable, and the appellate court's conditional suspension order was upheld.
Ratio Decidendi: Section 357(2) of the Code of Criminal Procedure, 1973 postpones only the payment of compensation out of fine and does not suspend or stay a fine that forms part of the sentence; conditions relating to deposit of fine may be imposed under Section 389 while granting suspension of sentence.
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