Mohd. Akram @ Ajam vs The State Of Madhya Pradesh
2022 Latest Caselaw 1989 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRIMINAL APPEAL NO.7438/2019 (Mohd.Akram @ Ajam vs. State of M.P.)

Jabalpur, dated : 14.02.2022

Shri Vijay Pasi, counsel for the appellant/applicant. Shri Gopal Jaiswal, Panel Lawyer for the State. I.A.No.18232/2021 is taken up.

2- This is an application for modification of order dated 27.02.2021 suspending the custodial sentence of the applicant subject to depositing of fine amount and furnishing a personal bond in the sum of Rs.50,000/- with one surety.

3- Vide judgment dated 20.03.2019 passed in ST No.245/2017, the trial Court has convicted that applicant for the offence under Section 307 of IPC (two counts) and sentenced to undergo R.I. for ten years in each count with fine of Rs.20,000/- (two counts) with default stipulation.

4- Through the aforesaid I.A, a prayer is made on behalf of the applicant that the fine amount imposed by the trial Court may be waived off in view of the fact that the applicant being a labourer is a very poor person and the only bread earner of the family. The wife of the applicant does moping of floors and cleaning of utensils in the houses at their neighbourhood and instead of pursuing studies her minor daughter is also forced to do the same work with her mother to earn their livelihood. Therefore, it is prayed that looking to the financial condition of his family, the fine amount so imposed by the trial Court be waived off in the order dated 27.02.2021 whereby the custodial sentence of the applicant has been suspended. 5- Per contra, learned Panel Lawyer has opposed the prayer.

6- On due consideration, it is directed that (i) before release on bail, the appellant is permitted to deposit fine amount of Rs.20,000/- and thereafter (ii) he is permitted to deposit remaining amount of Rs.20,000/- till 14.04.2022.

7- Needless to say that in case the appellant fails to deposit the fine amount within the extended period, the trial Court shall issue warrant of arrest to secure his presence for being committed to custody, without further reference but under intimation of this Court. 8- With the aforesaid, I.A.No.18232/2021 stands disposed off.

(VIRENDER SINGH) JUDGE anand Digitally signed by ANAND KRISHNA SEN Date: 2022.02.16 13:24:15 +05'30'