Shankar Lal vs State Of Rajasthan
2021 Latest Caselaw 6189 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc. Appli No. 323/2020

1. Shankar Lal S/o Madhu Lal, Aged About 40 Years.

2. Ram Lal S/o Madhu Lal, Aged About 42 Years.

3. Kailash S/o Madhu Lal, Aged About 35 Years, All B/c Jat, R/o Dhamana, P.s. Kapasan, Dist. Chittorgarh. (All Applicants Presently Lodged At Open Air Camp Mandor Jodhpur).

----Petitioners Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Trilok Singh For Respondent(s) : Mr. R.R. Chhaparwal, PP

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

02/03/2021

The case comes upon an application preferred on behalf of

the applicants seeking permission to deposit the fine amount of

Rs.50,000/- each in compliance of the directions issued by this

Court vide judgment dated 24.08.2017 passed in D.B. Criminal

Appeal No. 130/2015.

This court while deciding the appeal of the applicants

has held as under:-

"Consequently, the appeal is partly allowed. The conviction and sentence passed against the accused appellants Madhu lal S/o Mangi lal, Ram lal S/o Madhu lal, Shankar lal S/o Madhu lal and Kailash @ Kedar S/o Madhu lal for offence under Section 302/149 and 148 IPC is quashed and set aside and is altered to offence under Section 304 Part I IPC

(2 of 2) [CRLMA-323/2020]

and the sentence of life imprisonment passed against them is hereby reduced to ten years rigorous imprisonment, however, the fine is enhanced from Rs. 1000/- to Rs. 50,000/- against each appellant. The said amount shall be deposited by the appellants within a period of two months failing which the appellants shall undergo further two years rigorous imprisonment. It is also made clear that before depositing the fine, the appellants shall not be released. "

Heard learned counsel for the applicants as well as learned

Public Prosecutor.

Learned counsel for the applicants submits that at the time

of completion of the period of 10 years, they were not in a

position to deposit the fine of Rs. 50,000/- each but now they are

in a position to deposit the same in compliance of the directions

issued by this Court vide judgment dated 24.08.2017, therefore,

they may be permitted to deposit the said amount and get the

benefit of the order passed by this Court on 24.08.2017.

For the reasons mentioned in the application, the same is

allowed. The applicants are permitted to deposit the amount of

fine i.e. Rs. 50,000/- each as ordered by this Court in its judgment

dated 24.08.2017.

The application stands disposed of in above terms.

(MANOJ KUMAR GARG),J (VINIT KUMAR MATHUR),J

1-VivekM/Inder/-

Powered by TCPDF (www.tcpdf.org)