Chattisgarh High Court
Jhamendra Kumar vs State Of M. P. (Now Chhattisgarh) on 26 October, 2021
1
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
Cr.M.P. No. 965 of 2021
• Jhamendra Kumar, S/o Mahesh Kumar Mahar, presently aged 45
years, R/o Village Pendakode, Police Station Mohala, District Rajnandgaon
(M.P.) (Now Chhattisgarh)
... Applicant
versus
• State of M.P. (Now Chhattisgarh), through Police Station Mohala,
District Rajnandgaon (C.G.)
... Non-applicant
____________________________________________________________
For Applicant : Mr. Shaleen Singh Baghel, Advocate.
For Non-applicant : Mr. Lalit Jangde, Dy. Govt. Advocate.
____________________________________________________________________________________________________________________________________________________________
Hon'ble Shri Justice P. Sam Koshy
Hon'ble Smt. Justice Rajani Dubey
Order on Board
[26/10/2021]
Per, P. Sam Koshy, J.
1. The present is an Application under Section 482 of the Criminal
Procedure Code seeking for modification of Judgment dated 16.11.2015
passed by this Court in Criminal Appeal No.670/2000.
2. The modification sought for is to the extent of enhancement of the
period prescribed in depositing the compensation amount in terms of the
aforesaid Judgment, failing which the period of sentence was directed to be
enhanced to an additional one year of rigorous imprisonment.
3. Vide Judgment dated 29.2.2000 passed by the Additional Sessions
Judge, Rajnandgaon in Sessions Trial No.115/1999, the Applicant herein
was sentenced to undergo life imprisonment for the offence punishable
under Section 376(1) of the Indian Penal Code with fine of Rs.10,000/-,
failing which he was required to undergo further two years of rigorous
imprisonment. He was also directed to pay the Victim an amount of
Rs.8,000/- as compensation under Section 357 of the Criminal Procedure
Code.
4. Applicant had thereafter preferred an Appeal i.e. Criminal Appeal
No.670/2000 before this Court. The Division Bench of this Court had vide
its Judgment dated 16.11.2015 partly allowed the Appeal to the extent of,
the sentence part of life imprisonment was reduced to seven years of
rigorous imprisonment. At the same time, the compensation of Rs.8,000/-
awarded under Section 357 of the Criminal Procedure Code was further
enhanced to Rs.20,000/- to be paid within two months, failing which the
period of sentence was directed to be enhanced to an additional one year
of rigorous imprisonment.
5. Contention of learned Counsel for Applicant is that though the
Judgment of this Court was passed on 16.11.2015, it could not be
communicated to Applicant in time and he only came to know about it after
a couple of months and immediately thereafter he surrendered on
14.3.2016 and since then he is in jail.
6. Further contention of learned Counsel for Applicant is that on account
of financial stringency, the Applicant could not deposit the compensation
amount within the stipulated period and thereafter since he is in custody he
could not arrange the compensation amount also during the intervening
period.
7. Learned Counsel for Applicant submits that now the Applicant has
arranged certain amount and he seeks for modification of the Judgment
dated 16.11.2015 to the extent of he be given a further time of one month's
period within which the entire compensation amount can be deposited and
the default sentence of additional one year of rigorous imprisonment may
accordingly be waived.
8. Learned Deputy Government Advocate appearing for the State
however submits that it is a case where the present Application now has
been filed after about more than 5 years from the date of Judgement dated
16.11.2015 and that no strong justification has been given by Applicant for
not complying with the orders passed by this Court in Criminal Appeal
No.670/2000 within the reasonable time and therefore the present
Application is liable to be rejected.
9. Having heard the contentions put forth on either side and on perusal
of record, admittedly, in terms of the Judgment passed by this Court on
16.11.2015 in Criminal Appeal No.670/2000, the Applicant has surrendered
on 14.3.2016 and since then he is in jail. The fact that he could not arrange
the compensation amount during the intervening period is duly considered
and this Court in the larger interest of justice, taking into consideration the
findings of the Division Bench in the aforesaid Judgment dated 16.11.2015,
grants further one month's time to the Applicant starting from today
enabling him to deposit the amount of compensation payable to the Victim.
Upon such deposit being made by the Applicant within a period of thirty
days from today, the default sentence of additional one year of rigorous
imprisonment would stand suspended/waived automatically.
10. Cr.M.P. accordingly stands allowed.
Sd/- Sd/-
(P. Sam Koshy) (Rajani Dubey)
JUDGE JUDGE
