MAHESH MANCHANDAR GARGE Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) (Petition under Section 482 of Crl.P.C. praying that in the circumstances state in the affidavit filed therewith, the High Court will be pleased to grant enlargement of time, passed in Crl.A.No.815/99 dt.23-11-2004 for paying the fine amount to enable preferring the Appeal before the Honble Supreme Court.) A.2 to A.5 in Criminal Appeal No.815 of 199 filed present Criminal M.P.No.6694 of 2004 under Section 482 of the Criminal Procedure Code, herein after referred to as Code for the purpose of convenience, praying for enlargement of time for payment of fine amount to enable the petitioners/A.2 to A.5 to prefer an appeal before the Honble Supreme Court to challenge the dismissal of the appeal.

(2.) Sri Ravindranath, the learned Counsel representing the petitioners-appellants-A.2 to A.5 would submit that the counsel for these petitioners had not mentioned about non-payment of fine amount at the time of bail and the other relevant facts relating to the payment of fine amount. The learned counsel also submits that in view of the said lapse, the Judgment was delivered by this Court wherein the findings were confirmed under the modifying the sentence. In view of the same, appropriate orders may have to be passed rectifying the said mistake which had crept in the judgment. The learned Additional Public Prosecutor based the same on the ground that this would amount to alternatives of judgment which is impermissible under section 326 of the Code and hence, application itself is not maintainable.

(3.) Heard both the Counsel. This Court in Criminal Appeal No.794, 815 and 1143 of 1999 made Common Judgment and the operative portion of the judgment reads as here under: In view of the facts and circumstances and taking into consideration of the evidence available on record, the sentence of imprisonment imposed as against Accuse Nos.2 and 3 is modified to a period of five (5) years and as far as Accused No.1 is concerned, he is sentenced to undergo R.1 for 2 years and likewise Accused Nos.4 and 5 also are sentenced to undergo R.1 for a period of three (3) years. The further sentence of imposition of fine of Rs.5,000/- in default to undergo S.I. for one year is hereby confirmed.