Padum Mahto, Son of Jitan Mahto v. State of Jharkhand
2025-07-04
PRADEEP KUMAR SRIVASTAVA
body2025
DigiLaw.ai
ORDER : PRADEEP KUMAR, SRIVASTAVA, J. 1. Heard learned counsel for the parties. 2. This criminal miscellaneous petition has been filed under Section 528 of B.N.S.S, 2023 by the petitioner with a prayer for modification of the order dated 19.11.2024 passed in Cr. Appeal (SJ) No.1405 of 2006 for extension of time for payment of fine amount as directed. 3. Learned counsel for the petitioner has submitted that the criminal appeal being Cr. Appeal (SJ) No.1405 of 2006 was partly allowed on merits dated 19.11.2024 with modification in sentence as far as this petitioner is concerned, directing the appellant No. 3/petitioner to pay Rs. 50,000/- as victim compensation to the family members of the deceased child and deposit the same within a period of three months from the date of the judgment before learned trial court. It is further submitted that the petitioner herein could not deposit the said amount as victim compensation within stipulated period of time due to reason stating that petitioner is a senior citizen aged about 68 years suffering from several old age ailments and for his treatment, huge money were spent and in the month of December, petitioner fell ill and admitted for treatment on 11.12.2024 and it is also submitted that petitioner is a very poor person who could not arrange money due to illness as mentioned at Para 7 and 8. It is further submitted that there is no deliberate inaction or lapse on the part of petitioner herein. Hence, the time period for the petitioner herein to deposit Rs. 50,000/- as victim compensation within a period of three months from the date of the judgment before the learned trial court in terms of the order dated 19.11.2024 passed in Cr. Appeal (SJ) No.1405 of 2006 may be extended. 4. Considering the aforesaid submission of the learned counsel for the petitioner, the prayer for extension of the time for the petitioner herein to deposit Rs. 50,000/- as victim compensation within a period of three months from the date of the judgment before learned trial court in terms of the order dated 19.11.2024 passed in Cr. Appeal (SJ) No.1405 of 2006 is allowed.
50,000/- as victim compensation within a period of three months from the date of the judgment before learned trial court in terms of the order dated 19.11.2024 passed in Cr. Appeal (SJ) No.1405 of 2006 is allowed. Hence, the petitioner herein is directed to deposit the compensation amount before the learned trial court within a period of two weeks from the date of receipt of the copy of this order in terms of the order dated 19.11.2024 passed in Cr. Appeal (SJ) No.1405 of 2006, failing which, the appellant No. 3 therein (petitioner) shall be called upon to receive the sentence already awarded by the trial court. 5. The order dated 19.11.2024 passed in Cr. Appeal (SJ) No.1405 of 2006 is modified to the aforesaid extent. 6. Accordingly, this criminal miscellaneous petition is disposed off. 7. Let a copy of this order be communicated to the learned trial court through FAX.