TaxTMI 
TaxTMI 
2024 (10) TMI 1330
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....(2) of the Prevention of Corruption Act, 1988 (for short, 'the PC Act'). He was sentenced to undergo rigorous imprisonment for seven years for each offence. He was sentenced to pay a fine of Rs.95,00,000/. In default of the payment of the fine, he was ordered to undergo simple imprisonment for a period of 21 months. The substantive sentences were ordered to run concurrently. The respondent preferred an appeal against conviction before the Delhi High Court. The appeal was admitted. By the impugned order dated 29th September 2016, the sentence was suspended by the learned Single Judge of Delhi High Court on the respondent furnishing personal bond in the sum of Rs.50,000/with one surety of the like amount subject to the satisfaction of the lea....
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....0/. He pointed out that what is suspended under the impugned order is the substantive sentence of 7 years. As the respondent has paid only a sum of Rs.15,00,000/out of the total fine amount of Rs.95,00,000/and as the direction to pay a fine has not been suspended under the impugned order, the respondent will have to be taken into custody for undergoing sentence imposed in default of payment of a fine. Learned ASG relied upon the decision of this Court in the case of Satyendra Kumar Mehra v. State of Jharkhand (2018) 15 SCC 139. He pointed out the interpretation put by this Court to Section 357 of the Code of Criminal Procedure, 1973 (for short, 'the CrPC'). He relied upon what is held in paragraph 36 of the said decision. He urged that ther....
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....e Appellate Court shall, before releasing on bail or on his own bond a convicted person who is convicted of an offence punishable with death or imprisonment for life or imprisonment for a term of not less than ten years, shall give opportunity to the Public Prosecutor for showing cause in writing against such release: Provided further that in cases where a convicted person is released on bail it shall be open to the Public Prosecutor to file an application for the cancellation of the bail. (2) The power conferred by this section on an Appellate Court may be exercised also by the High Court in the case of an appeal by a convicted person to a Court subordinate thereto. (3) Where the convicted person satisfies the Co....
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.... 389, there is a mandate to give an opportunity to the Public Prosecutor to show cause in writing against such release before releasing a convicted person on bail. As stated earlier, the substantive sentence imposed on the respondent is rigorous imprisonment for seven years. In addition, there is a direction to pay a fine of Rs.95,00,000/. There are five kinds of punishment provided in Section 53 in Chapter III of the IPC, which reads thus: "53. "Punishments".-The punishments to which offenders are liable under the provisions of this Code are- First-Death; Secondly-Imprisonment for life; Thirdly- [* * *]; Fourthly-Imprisonment, which is of two descriptions, namely: - (1) Rigorous, that is, with h....
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.... in default of compliance with the sentence of fine. 6. In paragraph no.36 of the decision of this Court in the case of Satyendra Kumar Mehra^1, this Court held thus : "36. We, however, make it clear that the appellate court while exercising power under Section 389 CrPC can suspend the sentence of imprisonment as well as of fine without any condition or with conditions. There are no fetters on the power of the appellate court while exercising jurisdiction under Section 389 CrPC. The appellate court could have suspended the sentence and fine both or could have directed for deposit of fine or part of fine." Thus, while convicting an accused, if a direction is issued against him to pay a fine, such a direction can be suspended i....
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.... in case of offences punishable under the IPC and cognate legislations. Whenever a prayer is for suspension of the sentence of fine, the Appellate Court must consider whether the sentence of fine can be suspended unconditionally or subject to conditions. However, the Court has to keep in mind that if a condition of the deposit of an amount is imposed while suspending the sentence of fine, the same should not be such that it is impossible for the appellant to comply with it. Such a condition may amount to defeating his right of appeal against the order of conviction, which may also violate his rights under Article 21 of the Constitution. 9. In the facts of the case, the total sentence, including substantive sentence and sentence in defaul....