The Supreme Court upheld the Delhi High Court's suspension of the appellant's sentence, including a substantial fine, imposed by the Special Judge, CBI (PC Act), in a corruption and cheating case. The Court highlighted the discretionary power of the Appellate Court under Section 389 of the CrPC in suspending both imprisonment and fine sentences, with conditions based on the nature of the offense. The appeal was conditionally disposed of, mandating a fine deposit, acknowledging the appellant’s partial payment, and directing the reinvestment of this deposit pending final judgment.

1. Case Background

• Facts: The appellant was convicted by the Special Judge, CBI, Karkardooma Courts, Delhi, on 27th January 2016 under IPC Sections 120B, 420, 419, and Sections 13(1)(d) and 13(2) of the Prevention of Corruption Act, with a seven-year sentence and a fine of Rs. 95 lakh.
• Appeal: The appellant's appeal to the Delhi High Court resulted in sentence suspension on furnishing a bond, and the Court restricted him from leaving the country.

2. Supreme Court Order on Non-Payment of Fine

• Submission by ASG: The appellant had not deposited the fine amount, warranting his detention for non-payment.
• March 2018 Order: The Supreme Court issued notice and recorded the appellant’s non-compliance with fine payment.

3. Compliance with Fine Payment

• August 2023 Order: The appellant agreed to deposit Rs. 15 lakh with the Supreme Court, which was acknowledged and invested in a fixed deposit as security.

4. ASG’s Arguments

• Suspension of Fine Not Authorized: The ASG argued that, without express suspension of the fine by the High Court, the appellant must serve default imprisonment.
• Legal Precedents: The ASG cited Satyendra Kumar Mehra v. State of Jharkhand, explaining that suspension of fine should not be unconditional.

5. Respondent's Counsel Arguments

• Suspension of Entire Sentence: The appellant argued the suspension extended to the fine, which was imposed due to potential delay in appeal hearings.

6. Legal Framework – Section 389 CrPC

• Suspension of Sentence: Under Section 389 CrPC, the Appellate Court can suspend execution of the sentence and release the appellant on bail, even for sentences less than ten years, upon considering the prosecution's stance.

7. IPC Provisions on Fine and Imprisonment

• Section 64, IPC: Allows additional imprisonment for non-payment of fine, deeming fine payment as a part of the sentence.

8. Case Law on Suspension of Fine

• Court’s Jurisdiction: Citing Satyendra Kumar Mehra, the Court clarified its power to suspend both the sentence and fine, wholly or conditionally, based on offense circumstances.

9. Evaluation of High Court’s Order

• Sentence Suspension Interpretation: The Supreme Court confirmed that the High Court’s order, though lacking clarity, included suspension of the fine, in light of delayed appeal hearings.

10. Disposition of Appeal

• Final Decision: The Supreme Court upheld the High Court’s suspension, directing further deposit conditions for the fine as part of the suspension order.

Ratio Decidendi:

The Supreme Court emphasized the Appellate Court’s broad discretion under Section 389 of the CrPC to suspend sentences, including fines, based on case specifics. The Court ruled that an unconditional suspension could be justifiable, especially when delay in hearing the appeal could result in undue hardship for the appellant. However, any condition imposed must not hinder the appellant’s right to appeal, preserving the balance between fair trial rights and enforcement of justice.

Acts and Sections Discussed:

• Indian Penal Code (IPC): Sections 120B (criminal conspiracy), 420 (cheating and dishonesty), 419 (cheating by impersonation), 53 (types of punishment), and 64 (imprisonment for non-payment of fine).
• Prevention of Corruption Act, 1988: Sections 13(1)(d) and 13(2) (criminal misconduct by public servant).
• Criminal Procedure Code (CrPC): Section 357 (order to pay compensation), Section 389 (suspension of sentence pending appeal).

Subjects:

Criminal Appeal, Suspension of Sentence, Fine, Corruption

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