RAM LAKHAN Vs. STATE

JUDGEMENT

(1.) Criminal Misc. Application No. 361 of 1984 has been moved on behalf of Surya Bux Singh, Radhey Shyam Singh and Ram Bux Singh praying that one month's time be allowed to deposit the fine imposed on them in Criminal Appeal No. 682 of 1977.

(2.) The facts giving rise to this application are that these three applicants along with Ram Lakhan had been convicted by the Vth Additional Sessions Judge, Pratapgarh, in Sessions Trial No. 83 of 1973, They preferred Criminal Appeal No. 682 of 1977 against the said judgment and order and this Court pronounced the operative part of the order on 21-11-1983 for reasons to follow subsequently. The judgment thereafter was delivered giving reasons on 13-12-1983. The relevant operative part so far as the present applicants are concerned is as under : - "The fine imposed shall be deposited within a month of the date of order failing which the three appellants, Radhey Shyam, Surya Bux Singh and Ram Bux Singh shall be taken into custody to serve out the sentences. Chief Judicial Magistrate, Pratapgarh, will send compliance report within six weeks."

(3.) It appears from the record that special leave petition was preferred by the applicants against the judgment and order passed by this Court but the same was dismissed by the Hon'ble Supreme Court on 2-4-1984. On 15-2-1984 an application had been moved before this Court praying that the applicants be allowed to deposit the amount of fine in 12 equal instalments. This application was numbered as Criminal Misc. Application No. 100 of 1984. It came up for orders on 16-2-1984 and the Division Bench was pleased to dismiss the application by observing that the case has already been decided and time has been mentioned in the judgment. There is no scope for acceptance of the prayer made in the application.