High CourtsSingle Bench(2024) 05 MP CK 0135

Gowardhan vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 29 May 2024

HON’BLE JUDGES
Vijay Kumar Shukla, J
RESULT
Disposed Of
CASE NUMBER
Miscellaneous Criminal Case No. 22469 Of 2024

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Judgment

8 paragraphs · 284 words

Vijay Kumar Shukla, J

1.

The present petition is filed under Section 482 of Cr.P.C. invoking inherent powers and, therefore, the office objection regarding maintainability of the petition instead of filing interlocutory application is overruled.

2.

The present petition is filed seeking extension of time for deposit of enhanced fine amount. This Court while deciding Criminal Appeal No.252/2014, the jail sentence of the appellant was reduced to the period already undergone and fine amount was enhanced from Rs.1000/- to Rs.5000/-. It was directed that appellant shall deposit the enhanced fine amount within four months, failing which the appellant shall surrender himself before the trial Court to undergo sremaining sentence of imprisonment as imposed by the trial Court.

3.

Counsel for the applicant submits that the applicant is not having any source of income. It is stated that he is a beggar and could not arrange the enhanced fine amount. The said assertion is supported by an affidavit.

4.

Considering the same, the petition is allowed. The applicant is granted further one month time from today to deposit the enhanced fine amount as directed by this Court vide order dated 27.12.2023 passed in Criminal Appeal No.252/2014. If the enhanced fine amount is deposited within the extended period, the bail bond shall be discharged and if the said amount is not deposited within the extended period, the applicant shall undergo the remaining jail sentence as per the order of the trial Court.

5.

The order passed today shall be read conjointly with the order dated 27.12.2023 passed in Criminal Appeal No.252/2014.

6.

With the aforesaid, the petition is disposed off.

7.

Let a copy of this order be kept in the record of Criminal Appeal No.252/2014.