Madhya Pradesh High Court
Rakesh Kumar Sharma @ Chhotu @ Lallu vs State Of M.P. on 14 October, 2020
Author: G.S. Ahluwalia
Bench: G.S. Ahluwalia
1
HIGH COURT OF MADHYA PRADESH
Cr.A. No. 237 of 2007
Rakesh Kumar Sharma Vs. State of M.P.
Through Video Conferencing
Gwalior, dated: 14-10-2020
Per G.S. Ahluwalia J.
None for the appellant even in the Second Round
Smt. Uma Kushwah, Panel Lawyer for the State
This appeal has been listed for consideration of PUD 719 dated
13-10-2020received from Special Judge (SC/ST Act), Guna and PUD 5363/Warrant/2019 dated 13-10-2020 received from Superintendent, Central Jail, Gwalior.
It is mentioned in the PUD sent by Superintendent, Central Jail, Gwalior that on 18-11-2019, one Suresh Chourasia, was admitted in the jail in connection with case No. 15/13 and after undergoing the Civil Imprisonment of 6 months, he has been detained in Cr.A. No. 240/07 and 237/07. Accordingly, a direction has been sought, as to whether Suresh Chourasia, is liable to be detained or he can be released.
It appears that the appellant Rakesh Kumar Sharma, was granted bail and Suresh Chourasia, stood as a surety. Lateron, the appellant Rakesh Kumar Sharma, jumped bail and accordingly, his bail bonds were cancelled. When the appellant Rakesh Kumar Sharma, could not be arrested, then Show Cause Notice was issued to Suresh Chourasia, Surety. On 20-8-2019, Suresh Chourasia appeared before this Court and it was directed that Suresh Chourasia be taken in custody and be sent to judicial custody.
There appears to be some confusion because according to the PUD dated 13-10-2020, the Surety Suresh Chourasia was admitted in jail on 18-11-2019 in connection with case no. 15/13, whereas from the order dated 20-8-2019, it is clear that the surety was present in the Court and he was immediately taken into custody and was sent to judcial custody. Further, in PUD dated 13-10-2020 received from the 2 HIGH COURT OF MADHYA PRADESH Cr.A. No. 237 of 2007 Rakesh Kumar Sharma Vs. State of M.P. Court of Special Judge (SC/ST Act) Guna, it is clear that the surety Suresh Chourasia is lodged in Central Jail, Gwalior from 20-8-2019. Be that as it may.
The fact of the matter is that the appellant Rakesh Kumar Sharma, has already been arrested and was produced before this Court on 19-12-2019 and he was sent to jail. Further his application for grant of bail has also been dismissed on 16-3-2020.
As per Section 446 of Cr.P.C., in default of deposit of Penalty, the surety can be sent to Civil Jail for a period of six months. The Surety Suresh Chourasia has already completed the period of civil imprisonment of six months. However, it is clear that he has not deposited the Penalty of Rs. 10,000/-, therefore, the penalty is still recoverable Section 446(3) of Cr.P.C. Provides as under :
(3) The Court may, after recording its reasons for doing so, remit any portion of the penalty mentioned and enforce payment in part only.
The undisputed facts are, that Surety Suresh Chourasia has already undergone the entire Civil Imprisonment, and the appellant Rakesh Kumar Sharma, has also been arrested. Further, the surety Suresh Chourasia, had filed I.A. No. 934/2018 under Section 446(3) for remitting the amount of penalty and a report was received that the surety has a plot which has been given on lease by the State Govt., and thus it cannot be sold. Therefore, considering the weak financial condition, this Court reduced the penalty amount from 40,000/- to Rs. 10,000/-. Under these circumstances, in the interest of justice, power under Section 446(3) of Cr.P.C. is once again exercised, and the penalty amount of Rs. 10,000/- is further reduced to Rs. 1,000/-.
Accordingly, it is directed that the Surety Suresh Chourasia, be released with immediate effect. The Surety Suresh Chourasia is 3 HIGH COURT OF MADHYA PRADESH Cr.A. No. 237 of 2007 Rakesh Kumar Sharma Vs. State of M.P. granted a month's time to deposit the penalty of Rs. 1,000/-, failing which the Trial Court shall take up the proceedings for recovery of penalty amount.
With aforesaid observations, PUD 719 dated 13-10-2020 received from Special Judge (SC/ST Act), Guna and PUD 5363/Warrant/2019 dated 13-10-2020 received from Superintendent, Central Jail, Gwalior are finally disposed of.
(Sheel Nagu) (G.S. Ahluwalia)
Judge Judge
ARUN KUMAR MISHRA
VALSALA
VASUDEVAN
2018.10.26
15:14:29 -07'00'
2020.10.15 11:29:04 +05'30'