Virender @ Pappu And Ors. vs State
2001 Latest Caselaw 969 Del

JUDGMENT

R.S. Sodhi, J.

1. The criminal appeal is directed against the Order dated 22.9.1992 whereby the appellants, while being admitted to the benefits of the Probation of Offenders Act, were required to deposit cost of proceedings of Rs. 1,500/- each to the State totalling to Rs. 6,000/-, which shall go to the State. Learned Counsel for the appellants submits that the appellants were released on probation and directed to pay a compensation of Rs. 6,000/-. In addition thereto they were required to pay Rs. 6,000/- by way of cost to the State. He submits that Rs. 6,000/- payable as cost to the State cannot be imposed in view of the fact that the appellants have been admitted to the benefit of Probation of Offenders Act. However, Rs. 6,000/- by way of compensation can be imposed.

2. Learned Counsel for the Stage agrees with this proposition of law.

3. Having heard learned Counsel for the parties, I direct that the fine of Rs. 1,500/- each imposed on the appellants is not payable and, therefore, modify the order to the that effect. However, the appellants will be required to pay the compensation as directed by the Court below.

4. With this, Criminal Appeal No. 171/1992 is disposed of.

5. The appellants are on bail. Their bail bonds and sureties shall stand discharged.

6. Non-bailable warrants issued to secure the presence of the appellants are recalled.

7. Appeal disposed of.