Court No. - 44
Case :- APPLICATION U/S 482 No. - 13781 of 2018 Applicant :- Pawan Kumar Opposite Party :- State Of Up And 2 Others Counsel for Applicant :- Kuldeep Saxena,Vijit Saxena Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Sri Kuldeep Saxena, learned counsel for the applicant and the learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed challenging the order dated 03.04.2018 passed by the Sessions Judge, Aligarh in Criminal Appeal No. 61 of 2018 (Pawan Kumar Vs. State and others) in so far as it directs the appellant, i.e., applicant herein to deposit half of the amount of fine in court vide order dated 08.03.2018 against which the above mentioned appeal preferred.
Learned counsel for the applicant invited the attention of the Court to the provisions of Section 357 Cr.P.C. By referring to Sub-clause 2 of Section 357 Cr.P.C., he submits that the amount of fine could not be recovered from the applicant/appellant before the decision of the appeal. As such, the direction issued by the court below directing the applicant/appellant to deposit half of the amount of fine before the conclusion of the appeal is manifestly illegal.
The controversy involved in the present application is no longer res-integra and stands settled by the judgement of the Apex Court in the case of Satyendra Kumar Mehra @ Satendera Kumar Mehra Vs. State of Jharkhand reported in 2018 (5) Scale 109.
In view of the above, no case for interference is made out. The present application fails and is accordingly allowed.
Order Date :- 24.4.2018 YK