I am convicted and sentenced in a Magistrate court for under section 341 of IPC for a fine amount of Rs.500/-. I am also convicted and sentenced to several other IPC sections for a total term of 5 years simple imprisonment.
Now, I preferred an appeal in Sessions court and court granted stay order with a condition of deposition of Rs.500/- into the trial court and also Rs.30,000/- personal bond and like amount of surety.
Now, my advocate filed an application under section 439(1) for modification of stay-order for recalling the fine amount of Rs.500/- as it amounts to serving the very sentence itself if the fine is deposited.
However the public prosecutor filed objection that without despositing fine amount I am not even entitled for stay order.
So court dismissed my above application and ordered me to deposit the fine.
My lawyer has challneged the entire order and sentence, but, why pay of fine as it is sentence and conviction?
Now, I pray the legal experts to clarify this doubt,
whether depositing the fine amount in trial court does not amounts to serving sentence u/s.341 of IPC?
whether I should challenge the session court order in high court for recalling this condition?
Thanks & regards