V PRASADA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) A short but important question that often crops up for consideration has arisen for determination in this petition. Whether the order of compensation passed by the Court can be stayed pending adjudication of the appeal is the seminal question.

(2.) Under the impugned order, the learned Sessions Judge suspended the sentence of imprisonment passed in the judgment against the accused on condition of payment of fine and continuance of cash security already furnished. The learned Judge further directed that the order, directing payment of compensation of Rs. 5,60,000/- to be suspended subject to the condition of furnishing third party security. The petitioner is now assailing that part of the order whereunder the Court below directed the petitioner to furnish third party security for suspending the order directing payment of compensation.

(3.) Compensation can be ordered to be paid by the Court under S. 357 of the Criminal Procedure Code (for short "the Code"). For brevity and better understanding of the matter, it is expedient here to extract Sectioin 357 of the Code, in so far as is relevant for the present purposes thus; 357 : Order to pay compensation