RAJ KUMAR PUROHIT Vs. STATE OF U P

JUDGEMENT

(1.) HEARD the learned counsel for the applicant and the learned A.G.A.

(2.) THIS application has been filed with a prayer that criminal appeal No. 43 of 2005 pending in the Court of learned Sessions Judge, Lalitpur may be disposed of after considering the merits of the case without insisting the applicant to deposit the fine as imposed by trial Court.

(3.) IN view of Section 357 (2) of the Code of Criminal Procedure, if the fine is imposed in a case which is subject to appeal, no such payment shall be made before the period allowed for presenting the appeal has elapsed, or if an appeal be presented, before the decision of the appeal according to above provisions, the applicant cannot be compelled to deposit the amount of fine prior disposal of the appeal. IN support of his contention, learned counsel for the applicant cited the case of Upidutta Nautiyal v. State of Uttaranchal and others, 2001(43)ACC 532.