Madhya Pradesh High Court
Teru vs The State Of Madhy Pradesh on 25 August, 2021
Author: Subodh Abhyankar
1
M.Cr.C.No. 38486 /2021
THE HIGH COURT OF MADHYA PRADESH, INDORE BENCH
M.Cr.C.No. 38486 /2021
(Teru s/o Gulla & three others vs. State of Madhya Pradesh)
Indore, Dated: 25/08/2021
Shri Sudhansh Ukas, learned counsel for the applicants.
Shri Siddharth Jain, learned Panel Lawyer for the
respondent/State.
1. This petition has been filed under Section 482 of the Cr.P.C.
against the order 30.6.2021 passed by the Judicial Magistrate
Class-I, Petlawad, Jhabua (M.P.) in Criminal Case No.272/2015
whereby the learned Judge has dismissed the applicant filed by the
applicants for recalling of the arrest warrants issued against them,
as the arrest warrants were issued against the applicants as they
could not deposit the fine amount of their conviction within the
stipulated period of one month i.e. on or before 8.5.2021, as
directed by the Additional Sessions Judge, Petlawad, Jhabua vide
judgment dated 8.4.2021 whereby while deciding the applicant's
appeal arising out of the judgment dated 6.3.2019 passed by the
J.M.F.C., whereby the applicants were convicted under Sections
147, 149, 323 and 325 of the IPC for various terms along with
fine, the sentence was reduced till rising of the court and the fine
amount was increased. Admittedly, the fine amount has since been
deposited by the applicants on 9.6.2021 but prior to that, arrest
warrants had already been issued against them on 8.4.2021.
M.Cr.C.No. 38486 /2021
2. Counsel for the applicants has submitted that after the final
judgment was passed by the lower appellate court on 8.4.2021 the
aforesaid judgment could not be communicated to the applicants
as they are rustic villagers and had gone to earn their livelihood to
Gujarat but could not come back and attend the court due to
Covid-19 lock down and soon after they came back after the lock
down was lifted, they deposited the amount on 9.6.2021, the
receipts of which are also placed on record. However, when they
applied for cancellation of their arrest warrant under Section 70(2)
of the Cr.P.C., the aforesaid application has been dismissed on the
ground that the lower court has no jurisdiction to waive the
condition which has already been imposed by the appellate court.
3. Shri Sudhansh Ukas, learned counsel for the applicants has
drawn attention of this Court towards Section 68 of the IPC which
provides for imprisonment to terminate on payment of fine.
Counsel has further submitted that the applicants' application for
recall of warrants deserved to be allowed by the learned trial court
itself as is mandated by Section 68 of the IPC. It is further
submitted that now the fine amount has already been deposited by
the applicants, there is no reason not to cancel the arrest warrants
issued against them as the imprisonment has already been
terminated by the operation of law.
M.Cr.C.No. 38486 /2021
4. Counsel for the respondent/State on the other hand has
submitted that an appropriate order be passed under the facts and
circumstances of the case.
5. On due consideration of submissions and on perusal of the
record, this Court finds forced with the contention raised by the
counsel for the applicants that the case is covered under s.68 of
IPC which reads as under :
"68. Imprisonment to terminate on payment of fine-
The imprisonment which is imposed in default of
payment of a fine shall terminate whenever that fine
is either paid or levied by process of law."
6. This Court is of the considered opinion that even if the
learned Judge of the lower court had no jurisdiction to pass any
order over and above the order passed by the appellate court,
however, under the provisions of Section 68 of the IPC, the
imprisonment awarded to the applicants in default of fine stands
terminated by the operation of law on deposit of the fine amount
as the language used in the aforesaid section is mandatory in
nature and there is no room left for the discretion of the Court to
interpret the same in any other manner and to deny its benefit to an
accused.
M.Cr.C.No. 38486 /2021
Section 482 of the Cr.P.C. stands allowed and the impugned order
dated 30.6.2021 is hereby set aside and considering the fact that
the amount of fine has already been deposited by the applicants,
the arrest warrants issued against them are hereby cancelled.
8. With the aforesaid, the present Miscellaneous Criminal Case
stands allowed.
Certified copy, as per rules.
(SUBODH ABHYANKAR )
JUDGE
moni
Digitally signed by MONI RAJU
Date: 2021.08.28 16:51:10
+05'30'
M.Cr.C.No. 38486 /2021
THE HIGH COURT OF MADHYA PRADESH,INDORE BENCH
Single Bench : Hon'ble Ms. Justice Subodh Abhyankar
Miscellaneous Criminal Case No.38486/2021
( Teru s/o Gulla & three others vs. State of Madhya Pradesh )
2 Parties Name Teru s/o Gulla & three others
vs.
State of Madhya Pradesh
3 Date of Order 25th of August, 2021
4 Bench constituted of Single Bench
Hon'ble Justice Hon'ble Shri Justice Subodh Abhyankar
5 Order passed by Hon'ble Shri Justice Subodh Abhyankar
6 Whether approved for Yes
reporting
7 Name of counsel for the Shri Sudhansh Ukas, learned counsel for
parties the applicants.
Shri Siddharth Jain, learned Panel Lawyer
for the respondent/State.
8 Law laid down The learned Judge of the lower court had
no jurisdiction to pass any order over and
above the order passed by the appellate
court, however, under the provisions of
Section 68 of the IPC, the imprisonment
awarded to the applicants in default of fine
stands terminated by the operation of law
on deposit of the fine amount as the
language used in the aforesaid section is
mandatory in nature and there is no room
left for the discretion of the Court to
interpret the same in any other manner and
to deny its benefit to an accused.
9 Significant paragraph 6
(Subodh Abhyankar)
Judge
