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TMI Blog2020 (11) TMI 438X X X X Extracts X X X X X X X X Extracts X X X X ..... nt. He further submits that appellant is an old man and entire conspiracy hatched to grab the agricultural land of the applicant against which a civil suit is also pending. The court below has not considered the amount of fine, which is unreasonable and ought to have been reduced. 3. Learned counsel for the applicant relied upon the judgement and order of this Court in Application U/s 482 No. 14999 of 2018 (Yatendra Bharadwaj Vs. State of UP) dated 25.5.2018 wherein this Court has passed the following order:- "This application under Section 482 CrPC has been filed for quashing the order dated 22.03.2018 passed by learned Sessions Judge Ist, Agra in Criminal Appeal No. 102 of 2018 (Yatendra Bhardwaj Vs. State of U.P. and others), under Section 138 of N.I. Act, Police Station New Agra, District Agra arising out of judgment and order dated 21.02.2018 passed in Complaint Case No. 3683 of 2016 (Madhsudan Sharma Vs. Yatendra Bhardwaj) under Section 138 of Negotiable Instruments Act, whereby learned Sessions Judge Ist, Agra granted bail to the applicant on the condition of deposit 1/4th of the amount of Rs. 75,00,000/- imposed as fine by the learned Magistrate. Brief facts of the cas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... prisonment, fine has also been imposed by the Trial Court and the Appellate Court has rightly directed to deposit 1/4th of amount of the fine as a pre-condition for being released on bail and the Appellate Court is well within its power to impose condition for suspension of sentence. In view of the rival contentions raised by learned counsel for the parties, it would be appropriate to consider the relevant provisions of Criminal Procedure Code, particularly, Section 357 of CrPC, which deals with the order to pay compensation. "Section 357. Order to pay compensation. (1) When a Court imposes a sentence of fine or a sentence (including a sentence of death) of which fine forms a part, the Court may, when passing judgment order the whole or any part of the fine recovered to be applied - (a) in defraying the expenses properly incurred in the prosecution; (b) in the payment to any person of compensation for any loss or injury caused by the offence, when compensation is, in the opinion of the Court, recoverable by such person in a Civil Court; (c) when any person is convicted of any offence for having caused the death of another person or of having abetted the commission of such ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal, the Court shall,- (i) where such person, being on bail, is sentenced to imprisonment for a term not exceeding three years, or (ii) where the offence of which such person has been convicted is a bailable one, and he is on bail, order that the convicted person be released on bail, unless there are special reasons for refusing bail, for such period as will afford sufficient time to present the appeal and obtain the orders of the Appellate Court under sub- section (1); and the sentence of imprisonment shall, so long as he is so released on bail, be deemed to be suspended. (4) When the appellant is ultimately sentenced to imprisonment for a term or to imprisonment for life, the time during which he is so released shall be excluded in computing the term for which he is so sentenced." As per provisions of Section 357 CrPC, the Court may impose a sentence of fine simplicitor or a sentence where it forms part thereof. Where Court imposes a sentence of fine as a part of substantive sentence, the Court is entitled to direct that whole or any part of the fine recovered to be applied in respect of the factors enumerated in Clauses (1), (b), (c) or (d). In the case in hand, fin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .......If a fine is to be imposed under the Act, the amount of which in the opinion of the Parliament would be more than sufficient to compensate the complainant; can it be said, that an unreasonable amount should be directed to be paid by the Court while exercising its power under sub-section (3) of Section 357? The answer thereto must be rendered in the negative. Sub-Section (5) of Section 357 also provides for some guidelines. Ordinarily, it should be lesser than the amount which can be granted by a Civil Court upon appreciation of the evidence brought before it for losses which might have reasonably been suffered by the plaintiff. Jurisdiction of the Civil Court, in this behalf, for realization of the amount in question must also be borne in mind. A criminal case is not a substitution for a civil suit, far less execution of a decree which may be passed." In Dilip S. Dhanukar (supra), Hon'ble Apex Court has further concluded in following terms: "(i) In a case of this nature, Sub-Section (2) of Section 357 of the Code of Criminal Procedure would be attracted even when Appellant was directed to pay compensation; (ii) The Appellate Court, however, while suspending the sent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ments Act and in the circumstances of the case, he would be ordinarily granted bail during the trial in view of the facts that the offence is bailable. Even during the course of trial, he has been on bail, therefore, while exercise of appellate power, a person must not be made to suffer by imposing such condition for being released on bail, which may be onerous. In the case in hand, although the applicant has been directed to be released on bail but a pre-condition has been imposed to deposit 1/4th of amount of the fine of Rs. 75,00,000/- for suspension of sentence, which appears to be onerous and harsh. In view of the aforesaid law laid down by the Hon'ble Apex Court, while suspending the sentence and granting bail to the accused, such condition should not be imposed, which amounts to be onerous. Such condition virtually amounts to denial of bail to the accused, who was otherwise entitled for the same. In view of the foregoing discussions, pre-condition to deposit 1/4th of amount of the fine of Rs. 75,00,000/- for being released on bail being onerous and harsh is liable to be modified to the extent of only 10% of the fine of Rs. 75,00,000/- imposed by the appellate Court ..... X X X X Extracts X X X X X X X X Extracts X X X X
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