VIRENDER PAPPU Vs. STATE

JUDGEMENT

(1.) This criminal appeal is directed against the Order dated 22.9.1992 whereby the appellants, while being admitted to the benefits of the Probation of Offenders Act, were required to deposit cost of proceedings of Rs. 1,500/- each to the State totaling to Rs. 6,000/-, which shall go to the State. Learned Counsel for the appellants submits that the appellants were released on probation and directed to pay a compensation of Rs. 6,000/-. In addition thereto they were required to pay Rs. 6,000/- by way of cost to the State. He submits that Rs.6,000/- payable as cost to the State cannot be imposed in view of the fact that the appellants have been admitted to the benefit of Probation of Offenders Act. However, Rs. 6,000/- by way of compensation can be imposed.

(2.) Learned Counsel for the State agrees with this proposition of law.

(3.) Having heard learned Counsel for the parties, I direct that the fine of Rs. 1,500/- each imposed on the appellants is not payable and, therefore, modify the order to that effect. However, the appellants will be required to pay the compensation as directed by the Court below.