Madhya Pradesh High Court
Satyanarayan vs The State Of Madhya Pradesh on 17 October, 2023
Author: Vivek Rusia
-1-
IN THE HIGH COURT OF MADHYA PRADESH
AT I N D O R E
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
ON THE 17th OF OCTOBER, 2023
MISC. CRIMINAL CASE No. 44704 of 2023
BETWEEN:-
SATYANARAYAN S/O GOPAL, AGED ABOUT 40 YEARS, OCCUPATION:
AGRICULTURE R/O VILLAGE MAUKHEDI P.S. SITAMAU DISTRICT
MANDSAUR (MADHYA PRADESH)
.....APPLICANT
(SHRI PARAKRAM SINGH CHOUHAN, ADVOCATE.)
AND
THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER
THROUGH POLICE STATION SITAMAU DISTRICT MANDSAUR
(MADHYA PRADESH)
.....RESPONDENTS
( SUDHANSHU VYAS, PANEL LAWYER FOR THE STATE.)
---------------------------------------------------------------------------------------------------------
This application coming on for orders this day, the court passed the
following:
ORDER
The petitioner has filed the present petition under Section
482 of Code of Criminal Procedure, 1973, challenging the order dated
20.09.2023 whereby learned Court has dismissed his application dated
15.09.2023 and directed him to deposit Rs.2,35,800/- before lease at the
rate of Rs.50/- per day from 15.02.2011 till the date of arrest.
Signature Not Verified
Signed by: DIVYANSH
SHUKLA
Signing time: 18-10-2023
19:23:18
Facts of the case in short are as under:
02. This petitioner filed a Criminal Appeal No.460/2004
alongwith three other appellants challenging the judgment passed by III
Additional Sessions Judge, Mandsaur in S.T. No.36/2002 dated 22.03.2004
whereby he was convicted under Section 341 of IPC and sentenced to
undergo 3 months' S.I., section 323 of IPC and sentenced to undergo 6
months' S.I. with fine of Rs.500/- and 324/34 IPC and sentenced to
undergo 1 year's R.I. with fine of Rs.1,000/- with default stipulation.
03. The said appeal was taken up in Mega Lok Adalat on
15.12.2010 and was partly allowed. Paragraph No.8 & 9 of the said order
is reproduced below:
8. In the result the appeal is partly allowed. The findings of
conviction is hereby maintained with the modification to the
extent that the jail sentence awarded to the appellants are
reduced to the period already undergone subject to depositing
further fine of Rs.8,000/- by each appellant under Section
324/34 of the IPC within a period of two months out of which
Rs.15,000/- shall be payable to complainant Bhagirath,
Ladkunwar and Bhanwarkunwar equally, failing which the
appellant shall suffer jail sentence awarded by the learned
Court below. The line already deposited will be adjusted in this
amount. Appellants are on bail. Their bail bonds stand
discharged. It is also made clear that in case of arrest when the
appellants fail to deposit the amount they shall be further liable
to pay fine @ Rs.50/- per day and shall be released forthwith
upon depositing the amount with fine.
9. With the aforesaid modification, the appeal stands disposed
of.
C.C. as per rules.
04. The conviction under the aforesaid sections was maintained
but the jail sentences were was reduced to the period already undergone
Signature Not Verified
Signed by: DIVYANSH
SHUKLA
Signing time: 18-10-2023
19:23:18
subject to deposit of further fine amount of Rs.8,000/- by each of the
appellant under Section 324/34 of IPC within a period of two months
out of which Rs.15,000/- shall be payable to complainant Bhagirath,
Ladkunwar and Bhanwarkunwar equally.
05. Learned counsel for the applicant submits that at that time
this appellant was not present in the Court and thereafter his lawyer did
not inform him about the said order. He is a labour and he went to
Gujarat in search of job. He was under impression that his appeal is
pending, in which he is on bail. All of a sudden this appeal was disposed
off in Mega Lok Adalat on 15.12.2010 and he had no knowledge about
the same.
06. After the aforesaid order, since the appellant did not deposit
Rs.8,000/-, therefore, he was arrested on 07.08.2023 and he is not going
to be released because of non-deposit of amount of Rs.8,000/- as well as
Rs.2,35,800/- at the rate of Rs.50/- per day from 15.02.2011 till the date
of arrest. The applicant challenged the said condition by way of M.Cr.C.
No.40773/2023 which was disposed off with the direction to the trial
Court to consider the effect of the condition imposed by this Court in
Criminal Appeal No.406/2004.
07. Vide impugned order dated 20.09.2023 the learned VII
Additional Sessions Judge Indore has interpreted the order that this
applicant is required to deposit Rs.50/- per day from 15.02.2011 from
the date of order of the High Court till his arrest along with Rs.8,000/-.
08. Learned counsel for the applicant submits that as per the
condition imposed by this Court that in case of arrest when due to
Signature Not Verified
Signed by: DIVYANSH
SHUKLA
Signing time: 18-10-2023
19:23:18
failure to deposit fine amount they would be further liable to pay fine at
the rate of Rs.50/- per day and shall be released forthwith upon
depositing the fine amount. This Rs.50/- is extra amount of fine per day
for the period from the date of arrest till the date of deposit. Otherwise,
the fine amount will be much more than the amount provided under the
Indian Penal Code. That cannot be an intention of High Court to impose
a fine much more than the fine provided in the statute.
09. I have heard learned counsel for the petitioner and I find
substance in the aforesaid submission.
Section 63 and 65 of IPC is reproduced below:
10. The Court imposed fine of Rs.50/- per day from the date of
arrest till the date of deposit of Rs.8,000/- which was a substantive fine
imposed by the Court in lieu of remaining jail sentence. Section 63 of
IPC says that total fine shall not be excessive. As per Section 65 of IPC
also if fine is not deposited then accused shall not undergo
imprisonment more than one fourth of the total term provided under
Section 324 of IPC imposed on him.
11. In view of the above, this M.Cr.C. is allowed and impugned
order dated 20.09.2023 is set aside. Let the applicant / appellant be
released from jail after depositing of Rs.8,000/- and fine at the rate of
Rs.50/- per day from the date of arrest till the date of deposit of the
amount.
(VIVEK RUSIA)
JUDGE
Divyansh
Signature Not Verified
Signed by: DIVYANSH
SHUKLA
Signing time: 18-10-2023
19:23:18
Signature Not Verified
Signed by: DIVYANSH
SHUKLA
Signing time: 18-10-2023
19:23:18
