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Criminal Appeal No. 60 of 1975 out of Petition for Special Leave to Appeal No. 43‑R of 1975, decided on 26th November 1975.
(On appeal from the order of the Lahore High Court, dated the 16th of June 1975, In Criminal Miscellaneous No. I‑M/75 in Criminal Appeal No. 503 of 1975).
‑ S. 545(2)‑‑Fine, suspension of payment of‑Convict‑petitioner on appeal allowed bail subject to payment of fine imposed by trial Court Contention that payment of fine should also have been suspended under S. 545(2), held, not correct‑Section 545(2) deals with pay ment of expenses or compensation out of fine and not with suspension of payment of fine on appeal.
Advocate Supreme Court instructed by Rana Maqbool Ahmad Qadri, Advocate‑ on‑Record for Petitioner.
Nemo for the State.
Date of hearing : 26th November 1975.
SALAHUDDIN AHMED, J.
‑The petitioner was convicted under section 409 of the Pakistan Penal Code and sentenced to suffer rigorous imprisonment. For two years and to pay a fine of Rs. 15,000 and in default of payment of fine to suffer further rigorous imprisonment for one year.
The appeal from his conviction and sentence has been admitted for hearing by the Lahore High Court. In view, however, of the short sentence of imprisonment the High Court suspended the sentence of imprisonment and ordered his release on bail. The interim order of bail was, however, made subject to the payment of the entire amount of acre by the petitioner.
The petitioner has been aggrieved by this order relating to the payment of fine.
Petitioner's contention is that under section 545(2) of the Code of Criminal Procedure the payment of fine should also have been suspended. '‑c response to a notice by this Court Mr. Riaz Ahmad Assistant Advocate G eneral, Punjab, has appeared and he was submitted that the aforesaid revisions of the Code of Criminal Procedure have no manner of application in the present case. He has submitted that the High Court as rightly exercised its discretion is not suspending the sentence of payment of fine.
On reference to section 545(2) of the Code of Criminal Procedure we accept the contention of the learned Assistant Advocate‑General. The section deals with the power of the Court to pay expenses or compensation out of one and it is in respect of such payment that subsection (2) of the section provides:‑
"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."
It may be stated here that the petition has since been converted into an appeal.
There a no substance in the appeal and it is, accordingly, dismissed.
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