Deshraj Rajput Alias Kariya vs The State Of Madhya Pradesh
2023 Latest Caselaw 6682 MP

                                                              1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                      CRA No. 1921 of 2012
                                 (DESHRAJ RAJPUT ALIAS KARIYA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 25-04-2023
                                 Shri Sumant Bhattacharya - Advocate for the appellant.

                                 Shri Ajay Shukla - learned G.A. for the respondent / State.

Heard on IA No.6513/2023 seeking stay of recovery proceedings of fine amount and IA No. 6957 /2023 for grant of stay of recovery proceedings of fine amount.

Learned counsel for the petitioner submits that the Court below by the impugned order 08.08.2012 convicted the appellant and directed him to undergo life imprisonment with fine of Rs.1,25,000/- as mentioned in Para-110 and 111 of the impugned order. Learned counsel submits that as per the judgment if appellant fails to pay the fine, he shall be required to undergo further sentence. Thus, in the event appellant fails to pay the fine amount, he will face the consequences. Thus, the District Magistrate was not justified in initiating the recovery proceedings as per order dated 07.02.2023 (Annexure A-1) filed along with IA No. 6957/2023.

Learned Govt. Advocate opposed the prayer for stay but did not dispute about the directions contained in Para-110 and 111 of impugned order.

Considering the aforesaid, till next date of hearing, no coercive action for recovery be taken against the appellant. In the event, ultimately appellant fails to pay the fine amount, he shall be required to undergo the further sentence as directed by the Court below. However, this shall be subject to final outcome of this matter.

IA Nos. 6513/2023 and 6957/2023 are stand disposed of. Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 4/26/2023 2:51:41 PM

Shri Bhattacharya seeks to withdraw IA No. 3212/2021 for suspension of sentence.

Prayer is allowed.

Accordingly, IA No. 3212/2021 stands dismissed as withdrawn.

                             (SUJOY PAUL)                                          (SMT. ANJULI PALO)
                                JUDGE                                                    JUDGE

                          sarathe




Signature Not Verified
Signed by: NAVEEN KUMAR
SARATHE
Signing time: 4/26/2023
2:51:41 PM