Pooran Yadav vs The State Of Madhya Pradesh
2024 Latest Caselaw 21509 MP

Madhya Pradesh High Court

Pooran Yadav vs The State Of Madhya Pradesh on 7 August, 2024

Author: Gurpal Singh Ahluwalia

Bench: Gurpal Singh Ahluwalia

                                                                1                            CRA-1206-2008
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       CRA No. 1206 of 2008
                                        (POORAN YADAV AND OTHERS Vs THE STATE OF MADHYA PRADESH )



                           Dated : 07-08-2024
                                 Shri Teekaram Kurmi - Advocate for the appellants.
                                 Shri    Mohan      Sausarkar       -   Government    Advocate      for   the
                           respondents/State.

Heard on I.A.No.9949/2024, an application for extension of time to deposit the fine amount.

By judgment dated 19.1.2024, Criminal Appeal No.1206/2008 filed by the appellants was finally disposed of and the period of jail sentence was reduced to the period already undergone by the appellants subject to deposit of enhanced fine amount of Rs.5000/- for offence under section 452 of IPC. It was further mentioned that the appellants shall deposit the enhanced fine amount latest by 15.02.2024; failing which jail sentence awarded to appellants shall automatically stand revived and the trial court shall be free to issue warrant of arrest for undergoing the remaining jail sentence.

By filing an application for extension of time, it is submitted that due

to poor condition, the appellants could not deposit the fine amount.

Heard the learned counsel for the appellant. The moot question for consideration is as to whether this Court in the light of provision of section 362 of CrPC can modify the condition of deposit of fine amount or not?

Accordingly, the counsel for appellants was directed to address this

2 CRA-1206-2008 Court on this issue. However, he did not address on the said question.

Section 362 of CrPC reads as under :-

"362. Court not to alter judgment.- Save as otherwise provided by this Code or by any other law for the time being in force, no Court, when it has signed its judgment or final order disposing of a case, shall alter or review the same except to correct a clerical or arithmetical error."

On plain reading of the aforesaid section, it is clear that after the judgment is pronounced, the Court would become functus officio and except clerical or arithmetical errors, the order cannot be modified.

Since the prayer sought by the appellants would amount to modification/review of order, accordingly, I.A.No.9949/2024 cannot be allowed.

In view of the bar, as contained under section 362 of CrPC, I.A.No.9949/2024 is hereby rejected.

The proceedings are finally disposed of.

(G. S. AHLUWALIA ) JUDGE

TG /-