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2003 DIGILAW 982 (MP)

Rakesh v. State of Madhya Pradesh

2003-08-18

SHANTANU KEMKAR

body2003
Judgment ( 1. ) THIS revision has been filed against the order dated 2-7-2003 passed by the Additional Sessions Judge, Gadarwara in Criminal Appeal (unregistered) 2003, whereby the sentence of conviction passed by the Trial Court has been suspended with condition that the applicants shall be released on bail on their deposit of the fine amount in the Trial Court. ( 2. ) THE applicants have been convicted by the Judicial Magistrate First Class, Gadarwara in Criminal Case No, 176/96 vide judgment dated 28-6-2003 for offences under Sections 457 and 380 of the Indian Penal Code and sentenced to rigorous imprisonment for three years and fine of Rs. 5000/- on each count. In appeal, the Appellate Court suspended the jail sentence with condition to deposit the fine amount. ( 3. ) SHRI H. S. Dubey, learned Counsel for the applicants submitted that the Appellate Court having admitted the appeal and having ordered for suspension of jail sentence ought to have stayed the fine amount also. He further submitted that the applicants are required to deposit Rs. 10,000/- each as fine amount. The applicants arc poor persons and they are unable to deposit the fine amount thus they are not able to enjoy the fruits of order of suspension of sentence passed by the Appellate Court. On the other hand, Shri Prakash Gupta, learned Panel Lawyer for the State has submitted that looking to the facts and circumstances of the case and the nature of allegations found to be proved by the Trial Court, the impugned order needs no interference. ( 4. ) ON due consideration of the facts and circumstances of the case and the nature of offences found to be proved against the applicants, I am of the opinion that the Appellate Court has not committed any error much less jurisdictional error in suspending the jail sentence on the condition of applicants depositing the fine amount. The order passed by the Appellate Court, being well within its jurisdiction, does not require any interference in the revisional jurisdiction of this Court. However considering this aspect of the matter that the applicants are unable to deposit the fine amount and are unable to avail the benefit of the order of suspension of their jail sentence, the Appellate Court is directed to dispose of the appeal finally within three weeks from the date of receipt of this order. However considering this aspect of the matter that the applicants are unable to deposit the fine amount and are unable to avail the benefit of the order of suspension of their jail sentence, the Appellate Court is directed to dispose of the appeal finally within three weeks from the date of receipt of this order. Parties to appear before the Court of Additional Sessions Judge, Gadarwara on 28-8-2003. It is expected that the parties shall co-operate in the disposal of the appeal within the time period as ordered by this Court. The revision is dismissed.