TAPENDRA CHATTERJEE Vs. STATE

JUDGEMENT

(1.) HEARD Mrs. Anjana Prakash for the appellants/petitioners and Sri Rakesh Kumar for the respondent C.B.l.

(2.) I .A. No. 621/04 has been filed praying interalia to stay the operation of fine imposed under the impugned judgment dt. 23.4.04. In this connection counsel for the appellant/petitioner has invited my attention to the provision contained in subsection (2) of Section 357 of the Code of Criminal Procedure (hereinafter referred to as the Code) and has submitted that until the pendency of the appeal the fine imposed under the impugned judgment has got to be stayed. In this connection she has also invited my attention to the order dt.2.6.04 passed in connected Cr. Appeal No.348/04 whereunder I have already stayed the fine imposed under the impugned judgment as regards the appellant of that appeal. Having invited my attention to the aforesaid legal position and the order passed in connected appeal learned counsel submitted that in this case also similar order staying the fine may also be passed.

(3.) HAVING considered the rival submission perused the provision contained in section 357(2) of the Code which is quoted 357. Order to pay compensation. (2) 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.