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2021 DIGILAW 613 (MP)

Teru v. State of M. P.

2021-08-25

SUBODH ABHYANKAR

body2021
JUDGMENT 1. This petition has been filed under section 482 of the Cr.P.C. against the order 30.6.2021 passed by the Judicial Magistrate Class-I, Petlawad, Jhabua (M.P.) in Criminal Case No.272/2015 whereby the learned Judge has dismissed the applicant filed by the applicants for recalling of the arrest warrants issued against them, as the arrest warrants were issued against the applicants as they could not deposit the fine amount of their conviction within the stipulated period of one month i.e. on or before 8.5.2021, as directed by the Additional Sessions Judge, Petlawad, Jhabua vide judgment dated 8.4.2021 whereby while deciding the applicant's appeal arising out of the judgment dated 6.3.2019 passed by the J.M.F.C., whereby the applicants were convicted under sections 147, 149, 323 and 325 of the IPC for various terms along with fine, the sentence was reduced till rising of the Court and the fine amount was increased. Admittedly, the fine amount has since been deposited by the applicants on 9.6.2021 but prior to that, arrest warrants had already been issued against them on 8.4.2021. 2. Counsel for the applicants has submitted that after the final judgment was passed by the lower appellate Court on 8.4.2021 the aforesaid judgment could not be communicated to the applicants as they are rustic villagers and had gone to earn their livelihood to Gujarat but could not come back and attend the court due to Covid-19 lock down and soon after they came back after the lock down was lifted, they deposited the amount on 9.6.2021, the receipts of which are also placed on record. However, when they applied for cancellation of their arrest warrant under section 70 (2) of the Cr.P.C., the aforesaid application has been dismissed on the ground that the lower Court has no jurisdiction to waive the condition which has already been imposed by the appellate Court. 3. Shri Sudhansh Ukas, learned counsel for the applicants has drawn attention of this Court towards section 68 of the IPC whic provides for imprisonment to terminate on payment of fine. Counsel has further submitted that the applicants' application for recall of warrants deserved to be allowed by the learned trial Court itself as is mandated by section 68 of the IPC. Counsel has further submitted that the applicants' application for recall of warrants deserved to be allowed by the learned trial Court itself as is mandated by section 68 of the IPC. It is further submitted that now the fine amount has already been deposited by the applicants, there is no reason not to cancel the arrest warrants issued against them as the imprisonment has already been terminated by the operation of law. 4. Counsel for the respondent/State on the other hand has submitted that an appropriate order be passed under the facts and circumstances of the case. 5. On due consideration of submissions and on perusal of the record, this Court finds forced with the contention raised by the counsel for the applicants that the case is covered under section 68 of IPC which reads as under : “68. Imprisonment to terminate on payment of fineThe imprisonment which is imposed in default of payment of a fine shall terminate whenever that fine is either paid or levied by process of law.” 6. This Court is of the considered opinion that even if the learned Judge of the lower Court had no jurisdiction to pass any order over and above the order passed by the appellate Court, however, under the provisions of section 68 of the IPC, the imprisonment awarded to the applicants in default of fine stands terminated by the operation of law on deposit of the fine amount as the language used in the aforesaid section is mandatory in nature and there is no room left for the discretion of the Court to interpret the same in any other manner and to deny its benefit to an accused. 7. Section 482 of the Cr.P.C. stands allowed and the impugned order dated 30.6.2021 is hereby set aside and considering the fact that the amount of fine has already been deposited by the applicants, the arrest warrants issued against them are hereby cancelled. 8. With the aforesaid, the present Miscellaneous Criminal Case stands allowed.