KISHOR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Perused the application filed by appellant/convict- Kishor s/o Devidas @ Degha Bhosale, who has been convicted by Special Court in Special Case No.10/2019 on 31st July, 2014, thus, - "For offence under Section 395 r/w 120-B of IPC to suffer R.I. for ten years; For offence under Section 3(1)(ii) of MCOC Act r/w 120-B of IPC to suffer R.I. for seven days and to pay fine of Rs.5,00,000/-, in default, R.I. for three years. For offence under Section 3(2) of MCOC Act r/w 120-B of IPC to suffer R.I. for seven years and to pay fine of Rs.5,00,000/-, in default, R.I. for three years. For offence under Section 3(4) of MCOC Act r/w 120-B of IPC to suffer R.I. for seven years and to pay fine of Rs.5,00,000/-, in default, R.I. for three years. All the sentences are ordered to run concurrently."

(2.) The appellant-convict had preferred the aforesaid appeal to this Court, challenging the said conviction. This Court has dismissed the said appeal on 23rd February, 2016.

(3.) Perusal of the record shows that the appellant was under trial throughout since 2009, i.e. from the date of his arrest. As per the application of the appellant-convict, he is under trial and in jail since 6.5.2009. Set-off has been granted by the learned Trial court under Section 428 of Cr.P.C. and, therefore, as per the contention of the appellant-convict he has undergone substantial sentence. Fine amount of Rs.5,00,000/- has been imposed and in default of payment of fine, further imprisonment is of three years. He submits that he is unable to pay the fine amount due to his poor financial condition and, therefore, he has now prayed for modification of the sentence.