‘Sentence can be stayed without paying fine’ activist lawyer M. Radhakrishnan

Chennai: Appeal will lie only before the Karnataka high court because the main case was heard by the Karnataka special court by order of the Supreme Court which transferred the case to Karnataka.

The special court also imposed a fine of Rs 100 crore on Jayalalithaa. But that will not deter her from seeking bail from the Karnataka high court. For filing bail application payment of fine is not a condition precedent. Simultaneously, Jayalalithaa can ask for the suspension of sentence and bail. The normal practice is only the sentence of imprisonment is suspended and not the fine. But when the fine is disproportionate and onerous the appellate court has power to suspend the fine also or reduce it.

“Even without payment of fine, sentence can be stayed. Fine is an integral part of sentence. Suspension of sentence can be ordered by the appellate court at its discretion even without payment of fine by the accused”, said activist lawyer M. Radhakrishnan.

Therefore, the only remedy available to Jayalalithaa to immediately approach the Karnataka high court, challenging the special court’s order and seeking suspension of the sentence and grant of bail. However, Jayalalithaa may not get any relief for at least a week since the Karnataka high court will be on Dasara holidays from September 29 to October 5.