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2012 DIGILAW 982 (MP)

Man Singh v. State of M. P.

2012-10-04

S.R.WAGHMARE

body2012
Judgment S.R. Waghmare, J.;- 1. By this application under Section 482 of the Cr. P.C. applicants Mansingh, Kamla, Karan Singh, Laxmi Bai and Bharat have moved the application for grant of extension of time to pay the fine as directed by this Court in Criminal Appeal No. 1094/1999. Counsel for the applicants has candidly admitted that the Criminal Appeal No. 1094/1999 filed by the accused/applicants was partly allowed to the extent that the conviction was upheld for offence under Section 306 of the IPC, however, the sentence was reduced to the period already undergone by judgment dated 9/5/2012. So also the fine amount was enhanced to Rs. 3,000/- each and the amount was to be paid to the parents of the deceased as compensation within a period of two months. Counsel urged that the applicants were unable to pay the fine within the stipulated time and therefore, has prayed for extension of time to pay the required amount as they have now made arrangements for the same. 2. Counsel for the respondent State, on the other hand, has pointed out that two months' time has already elapsed on 9th July, 2012 and no sympathy be extended to the applicants. 3. Considering the above, however, I find that the application needs to be allowed in the interest of justice and it is hereby allowed. The prayer of the Counsel for the applicants is accepted. Applicants are granted time up to 12th of October, 2012 to pay the same. Failure to do so, the applicants/appellants shall be arrested and shall undergo the remaining sentence as directed by the trial Court immediately without reference to this Court. 4. With the above observation and directions, the application is disposed of. C.c. as per rules.