Ravindra Singh, J. - (1.) HEARD the learned counsel for the applicant and the learned A.G.A.
(2.) THIS application has been filed with a prayer that criminal appeal No. 43 of 2005 pending in the Court of learned Sessions Judge, Lalitpur may be disposed of after considering the merits of the case without insisting the applicant to deposit the fine as imposed by trial Court. It is contended by learned counsel for the applicant that in the present case, the applicant has been convicted and sentenced to 6 months R.I. with a fine of Rs. 1,31,000/-, out of which, the amount of Rs. 1,30,000/- shall be paid to the complainant as compensation vide order dated 6.9.2005 in criminal case No. 475 of 2002, the same has been challenged by the applicant by way of filing appeal being Criminal Appeal No. 43 of 2005 in the Court of learned Sessions Judge, Lalitpur. The appeal was admitted and the applicant was released on bail vide order dated 7.10.2005, thereafter, the applicant furnished the bail bonds to the satisfaction of learned Magistrate concerned and released on bail. Subsequently, the learned Sessions Judge has refused to decide the appeal on merit without depositing the amount of fine. It is further contended by learned counsel for the applicant that the appeal has been admitted by learned Sessions Judge, Lalitpur but the applicant was not directed to deposit the amount of fine, even no order in respect of depositing the fine has been passed by the appellate Court, admitting the appeal and granting bail to the applicant on 7.10.2005.
(3.) IN view of Section 357 (2) of the Code of Criminal Procedure, 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 according to above provisions, the applicant cannot be compelled to deposit the amount of fine prior disposal of the appeal. IN support of his contention, learned counsel for the applicant cited the case of Upidutta Nautiyal v. State of Uttaranchal and others, 2001(43)ACC 532. In reply to the above contention, it is submitted by learned A.G.A. that fine was imposed in which order of paying the compensation was also passed by the trial Court but the applicant has not deposited the amount of fine. The applicant was under legal obligation to deposit the amount of fine, learned Sessions Judge has not stayed the order of depositing the fine, therefore the learned appellate Court has not committed any error in not deciding the appeal before the deposit of the amount of fine.;