Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973 – s.357(2) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Criminal Procedure, 1973 – s.357(2) – Appellant was tried for the offence punishable u/ss.420,467,468,471 r/w.120-B IPC – Trial Court convicted the appellant and awarded sentence with fine – Appellant filed appeal before the High Court and also filed application for suspension of sentence – High Court allowed the application for suspension of sentence, however, directed appellant to deposit the fine amount awarded before the Court below – Whether by virtue of s.357(2) Cr.P.C., the said fine which was part of sentence automatically was stayed till the decision of the appeal and would not have been directed by the High Court to be deposited by the appellant – Held: No infirmity in the order of the High Court – In instant case, s.357(2) Cr.P.C. not attracted since there was no direction of payment of any compensation out of the fine imposed by the trial court as part of sentence – s.357 Cr.P.C.(2) comes into play only where any order of payment of compensation utilising the fine imposed as sentence u/s.357(1) Cr.P.C. or compensation as directed u/s. 357(3) Cr.P.C. is made – Present being neither a case of s.357(1) Cr.P.C. nor s.357(3), sub-section(2) of s.357 Cr.P.C. clearly not applicable. Code of Criminal Procedure, 1973 – s.357(2) – Purpose and object – Held: s.357(1) Cr.P.C. contemplated utilisation of fine imposed in certain circumstances as compensation to be paid to victim – Sub-s.(2) of s.357 engrafted an embargo that such payment shall not be made till the period allowed for appeal has elapsed or if the appeal is filed, till the same is decided – Legislature was conscious that compensation paid if utilised, there may not be appropriate measures to recover the said amount utilised from victim to whom the compensation is paid hence embargo in payment has been engrafted in sub-s.(2) – Thus at best sub-s.(2) of s.357 Cr.P.C is a provision which defers or withholds the utilisation of the amount of compensation awarded till the limitation of appeal elapses or if filed till it is decided – The provision in no manner stays the sentence of fine during the pendency of the appeal. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2018 INSC 262 |
Petitioner | Satyendra Kumar Mehra @ Satendera Kumar Mehra |
Respondent | The State Of Jharkhand |
SCR | [2018] 4 S.C.R. 1033 |
Judgement Date | 2018-03-23 |
Case Number | 406 |
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