Devendra Dhanak vs The State Of Madhya Pradesh
2021 Latest Caselaw 845 MP

                                                        1                          MCRC-13811-2021
                              The High Court Of Madhya Pradesh
                                        MCRC-13811-2021
                                     (DEVENDRA DHANAK Vs THE STATE OF MADHYA PRADESH)

                      2
                      Jabalpur, Dated : 18-03-2021
                            Shri R.K. Raghuwanshi, Advocate for the petitioner.
                            Shri Prasanjeet Chatterjee, P.L. for the respondent-State.

Petitioner has filed this petition under Section 482 of Cr.P.C. for extension of time for depositing the compensation amount arising out of judgment dated 13.03.2020 passed in Cr.A. No. 10/2019 by learned

Additional Sessions Judge, Bareli, Distt.-Raisen.

The matter in brief is that petitioner-applicant has been convicted by the Trial Court for the offence punishable under Section 323 of IPC and has been sentenced to undergo R.I. for three months vide order dated 29.01.2019 passed in RCT No. 112/2018. Thereafter, petitioner-applicant filed an appeal before the Appellate Court whereby the appeal of the petitioner has been partly allowed. The Appellate Court has set-aside the sentence awarded by the Trial Court, The Appellate Court has granted benefit of Probation of Offenders Act to the petitioner by imposing bail bond conditions and a sum

of Rs.4,000/- as compensation to the complainant within 15 days from the date of judgment.

Learned counsel for the petitioner submits that petitioner has not deposited the compensation amount as per judgment of Appellate Court dated 13.03.2020 within stipulated time period. The petitioner was working as a labourer. On 22.03.2020, there was total lockdown in the country due to corona virus resulting in closing of this Court and Trial Court. There remained no source of income to the petitioner, due to which he could not deposit the amount of compensation as well as other conditions imposed by the Appellate Court due to his poor economical condition. Thereafter, learned Trial Court has issued a non-bailable warrant of arrest against the petitioner.

Signature Not Hence, learned counsel for the petitioner prays that petitioner may be SAN Verified

Digitally signed by PALLAVI SINHA Date: 2021.03.22 17:56:12 IST 2 MCRC-13811-2021 permitted to deposit the enhance fine amount as well as conditions passed as per judgment dated 13.03.2020.

Panel Lawyer for the State has opposed the prayer of the opposite counsel.

Perused the matter.

The order dated 17.12.2020 passed by learned JMFC, Bareli, Distt.-

Raisen reads as under:-

^^izdj.k dk voyksdu fd;k x;kA

izdj.k ds voyksdu ls nf'kZr gksrk gS fd izdj.k esa ekuuh; vihyh; U;k;ky; }kjk bl U;k;ky; dks vknsf'kr fd;k x;k Fkk fd vihyh; fu.kZ; fnukad 13-03-2020 ds i'pkr ls 15 fnol ds Hkhrj fo}ku fopkj.k U;k;ky; dh larqf"V ;ksX; 15][email protected]& :i;s dh ,d l{ke tekur ,oa blh jkf'k dk ca/ki= bl vk'k; dk izLrqr djs fd og vkxkeh ,d o"kZ dh vof/k esa fdlh vkijkf/kd xfrfof/k esa lafyIr ugha gksxk] Qfj;knh i{k ls fdlh rjg dk fookn ugha djsxk] 'kkafr cuk, j[ksxk rFkk 'krksZ esa ls fdlh ds Hkh mYya?ku ij n.Mkns'k Hkqxrus ij RkRij jgsxk rks mls lnkpj.k dh dh ifjoh{kk ij eqDr fd;k tkuk fu/kkZfjr fd;k x;k gS ,oa vfHk;qDr] vkgr] jkefd'ku dks [email protected]& :i;s izfrdj Lo:i vnk djsxkA vfHk;qDr }kjk foKku fopkj.k U;k;ky; esa tek vFkZn.M jkf'k izfrdj jkf'k esa le;ksftr gksxhA vo'ks"k 15 fnol ds Hkhrj fo}ku fopkj.k U;k;ky; esa vfHk;qDr tek djsxkA tekur izLrqr u fd;s tkus] vo'ks"k izfrdj jkf'k fofgr vof/k esa tek ugha djus ij vfHk;qDr fo}ku fopkj.k U;k;ky; }kjk fn;s x;sa n.Mkns'k dks Hkqxrus dk mRrjnk;h gksxkA** Looking to the aforesaid order, contention of both the parties, considering the circumstances of the case and the facts that due to COVID- 19 physical hearing was closed in the Trial Court, appellant-accused is a labourer so he could not comply the conditions, so, by invoking the inherent jurisdiction of this Court, further one month time period is extended to execute the bond and deposit the compensation amount by the petitioner within a period of one month from the date of passing of this order and accordingly, the warrant issued by the trial court stands cancelled and the Signature SAN Not Verified

Digitally signed by PALLAVI SINHA Date: 2021.03.22 17:56:12 IST 3 MCRC-13811-2021 order dated 13.03.2020 passed in Cr.A.No. 10/2019 by learned Additional Sessions Judge, Bareli, Distt.-Raisen is hereby set-aside.

With the aforesaid directions, this M.Cr.C. stands disposed of.

                                                              (RAJENDRA KUMAR SRIVASTAVA)
                                                                         JUDGE


                      Pallavi




Signature
 SAN      Not
Verified

Digitally signed by
PALLAVI SINHA
Date: 2021.03.22
17:56:12 IST