SABITA BEHL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a petition under Section 389(2) read with Section 482 of the Code of Criminal Procedure (for short, Cr.P.C.) for suspension of sentence during the pendency of the appeal bearing No. 23 dated 4.12.2001 pending in the Court of Additional Sessions Judge, Faridabad and against judgment and order dated 2.11.2001 and 10.11.2001 passed by the Additional Chief Judicial Magistrate, Faridabad, whereby the petitioner has been convicted and sentenced in a case bearing FIR No. 3B2 dated 22.5.1999 under Sections 420, 467, 468, 471 and 120-B IPC registered with Police Station Central, Faridabad.

(2.) THE petitioner earlier had filed a petition bearing Criminal Miscellaneous No. 20327-M of 2002 for suspension of sentence, which came up for hearing on 28.10.2002 before Hon'ble R.C. Kathuria, J. (as he then was), the sentence was not suspended, however, the Additional Sessions Judge was directed to dispose of the appeal within two months from the date of receipt of copy of the order. But, the appeal has not been disposed of by the learned Additional Sessions Judge, Faridabad as co-accused Sunil Behl has filed an application for additional evidence before the learned Additional Sessions Judge. The application for additional evidence was declined and the co-accused Sunil Behl filed a petition bearing Criminal Revision No. 520 of 2003 which is pending for hearing. In the meanwhile, as per the counsel for the petitioner, the petitioner has already undergone four years and nine months, whereas the substance sentence awarded to the petitioner is of four years. The petitioner was imposed fine of Rs. 35 lac on four counts and in default of payment of fine to further undergo rigorous imprisonment for six month on each count. The petitioner was sentenced as under :-

(3.) A perusal of the Section shows that when a fine is imposed, in any case that matter is subject to appeal, the fine cannot be recovered till the presenting of the appeal or if the appeal is presented and is entertained the fine cannot be recovered before the adjudication of the appeal.