Case Note & Summary
The case involves an appeal by the Central Bureau of Investigation (CBI) against an order of the Delhi High Court suspending the sentence of the respondent, Ashok Sirpal, who was convicted for offences under Section 120B read with Sections 420/419 IPC and Sections 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988. The Special Judge, CBI (PC Act), Delhi, had sentenced the respondent to rigorous imprisonment for seven years and a fine of Rs.95,00,000/-, with a default sentence of 21 months simple imprisonment. The High Court suspended the substantive sentence of imprisonment on the respondent furnishing a personal bond of Rs.50,000/- with one surety, but did not expressly suspend the fine or the default sentence. The CBI appealed, arguing that the fine had not been paid and the default sentence remained enforceable. The Supreme Court examined Section 389 CrPC and Section 53 IPC, noting that fine is a form of punishment and a sentence. The Court held that while the appellate court has power to suspend the sentence of fine under Section 389 CrPC, the impugned order did not do so. The respondent had only deposited Rs.15,00,000/- out of the fine amount. The Court directed that unless the respondent deposits the balance fine of Rs.80,00,000/- within eight weeks, he must be taken into custody to serve the default sentence of 21 months. The appeal was disposed of accordingly.
Headnote
A) Criminal Procedure - Suspension of Sentence - Section 389 CrPC - Fine as Sentence - The issue was whether suspension of substantive imprisonment under Section 389 CrPC automatically suspends the sentence of fine and the default sentence for non-payment of fine. The Supreme Court held that fine is a sentence under Section 53 IPC, and the appellate court has power under Section 389(1) to suspend the execution of the sentence of fine. However, the impugned order did not expressly suspend the fine or the default sentence, and the respondent had not paid the fine. The Court directed the respondent to deposit the balance fine amount or be taken into custody to serve the default sentence. (Paras 5-10) B) Criminal Procedure - Suspension of Sentence - Section 389 CrPC - Default Sentence - The Court clarified that the sentence in default of payment of fine is a separate sentence under Section 64 IPC. If the sentence of fine is not suspended, the default sentence can be enforced. The High Court's order suspending only the substantive imprisonment did not prevent the enforcement of the default sentence. (Paras 5-10)
Issue of Consideration
Whether the High Court's order suspending the substantive sentence of imprisonment under Section 389 CrPC also suspends the sentence of fine and the default sentence for non-payment of fine.
Final Decision
The Supreme Court disposed of the appeal by directing that unless the respondent deposits the balance fine amount of Rs.80,00,000/- within eight weeks from the date of the order, he shall be taken into custody to serve the default sentence of 21 months simple imprisonment. The amount already deposited of Rs.15,00,000/- shall be adjusted towards the fine. The appeal is disposed of accordingly.
Law Points
- Fine is a sentence under Section 53 IPC
- Sentence of fine can be suspended under Section 389 CrPC
- Default sentence for non-payment of fine is separate and can be enforced if fine not suspended
- Appellate court must record reasons for suspending sentence
