BAKSHISH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner was convicted by a learned Magistrate under section 61 (1)(c) of the Punjab Excise Act and sentenced to rigorous imprisonment for one year and to pay a fine of Rs. 5000/ -, in default whereof further rigorous imprisonment for six months. His appeal to the Court of Session was admitted. He was ordered to be released on bail but the recovery of fine was not stayed. This has resulted in the petitioner being incarcerated in jail for he is statedly unable to pay the fine for the present. This petition has been preferred by him to seek a direction staying the recovery of fine.

(2.) AFTER hearing the learned counsel for the parties, I am of the view that the recovery of fine too should be stayed during the pendency of the appeal of the petitioner before the Court of Session. The appeal was admitted by that Court obviously finding the matter arguable. In that situation, while granting bail to the petitioner recovery of fine too should have been stayed. In any case, as ordered earlier, it shall, remain stayed during the pendency of the appeal. The petition is allowed in these terms. Petition allowed.