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Issues: Whether the appellate court under Section 389 of the Code of Criminal Procedure, 1973 can suspend not only the substantive sentence but also the sentence of fine and the sentence in default of payment of fine, and whether the impugned order granting suspension required interference.
Analysis: Section 389 confers wide power on the appellate court to suspend the execution of the sentence or order appealed against, and that power extends to suspension of the sentence of fine as well. Fine is itself a sentence, and under Section 64 of the Indian Penal Code a further term of imprisonment may be imposed in default of payment of fine. The order under challenge showed that the High Court was conscious of the fine component and had suspended the sentence pending appeal. The Court further held that while suspending a sentence of fine, conditions may be imposed, but they must not make compliance impossible or effectively defeat the right of appeal. In the facts, the limited period of incarceration, the nature of the conviction, and the deposit already made did not justify interference.
Conclusion: The sentence of fine was capable of being suspended under Section 389, the impugned order was valid, and no interference was warranted; the appeal was thus decided in favour of the respondent.
Ratio Decidendi: The appellate court's power under Section 389 of the Code of Criminal Procedure, 1973 extends to suspending the sentence of fine, with or without conditions, provided any condition imposed is reasonable and does not render the right of appeal illusory.
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