Madhya Pradesh High Court
Vijay vs The State Of Madhya Pradesh on 17 January, 2017
CRA-1546-2013
(VIJAY Vs THE STATE OF MADHYA PRADESH)
17-01-2017
Shri Som Prakash Mishra, counsel for the appellant.
Shri D K Paroha, Panel Lawyer for the respondent/State.
Heard on IA. No.586/2017 for modification of order dated 04.01.2017 and I.A.No.587/2017 for staying the recovery of fine amount imposed upon the appellant by the trial Court. By order dated 04.01.2017, the Court had allowed the application filed by the appellant under Section 389 (1) of the Cr.P.C. and had directed the appellant to be released on bail subject to depositing the fine amount, if not already deposited.
A perusal of the impugned judgment reveals that the appellant was convicted under Sections 306, 452, 354 of the IPC and apart from sentence of rigorous imprisonment, fine in the sum of Rs.50,000/- under Section 306, Rs.5,000/- under Section 452 and Rs. 50,000/- under Section 354 of the IPC was also imposed upon him. In default of payment of fine, he was directed to undergo rigorous imprisonments for a period of one year, six months and six months respectively. It has been submitted on behalf of the appellant that it has come in the evidence that the appellant belongs to a poor family and is a labourer. He has already undergone 3 years and 10 months of imprisonment. He is not in a position to deposit the fine amount imposed upon him; therefore, it has been prayed that the condition of bail order dated 04.1.2017 be modified and the recovery of fine be stayed till disposal of the appeal.
Learned Panel Lawyer for the respondent State has opposed the aforesaid applications.
A perusal of the record indicates that the amount of fine i.e. Rs.1,05,000/- imposed upon the appellant is quite high. The appellant does not appear to be in a position to deposit the entire fine amount; therefore, aforesaid two applications are allowed in part. The condition granting bail is modified and the operative part of the order dated 4-1-2017 shall read as follows:
On depositing the 50% of the fine amount, including the amount, if any, already deposited, and furnishing a personal bond in the sum of Rs.40,000/- with one solvent surety in the same amount to the satisfaction of the Trial Court for his appearance before the Registry of this Court on 16.05.2017 and all other subsequent dates fixed by the Registry in this regard, the remaining part of the substantive jail sentence imposed upon the appellant shall stand suspended and he shall be released on bail.
Certified copy as per rules.
(C V SIRPURKAR) JUDGE sh