Sunny alias Sanjeev v. State of Himachal Pradesh - S.430 BNSS - Bail Conditions

Bharatiya Nagarik Suraksha Sanhita 2023 - Section 430 - Power of appellate court to suspend the execution of the sentence pending appeal - A sentence may comprise imprisonment and fine. Therefore, the power to suspend extends to the fine component as well. While conditions may be imposed to secure the presence of the appellant and the progress of the appeal, they cannot be such as to render the order of suspension illusory for want of means. A condition which is impossible to comply with, defeats the right of appeal. (Para 5-6) [Context: SC deleting the requirement in HC order that the accused-appellant should deposit the fine amount of ₹1,00,000/- as a pre-condition for release and observed: insisting on an upfront deposit of ₹1,00,000/- as a condition for release would, in his case, defeat the suspension that the High Court otherwise granted. ]