LAUA SINGH Vs. STATE OF MP

JUDGEMENT

(1.) HEARD on I.A. No. 4033/2000. for staying realisation of fine imposed by the trial Court. The appellant is in jail. He has not deposited the amount of fine. In the judgment, it has been specifically mentioned that on failure to deposit fine, appellant shall undergo two year and one month's rigorous imprisonment. Once . this order is passed, it is not proper for the trial Court to issue directions for recovery of amount of fine from the accused.

(2.) THE accused is already in jail and he is not enlarged on bail. The order dated 23.3.2000 passed by llnd Addl. Sessions Judge, Bhind in Misc. Judicial Case No. 5/97 is stayed. Explanation be called from IInd Addl. Sessions Judge. Bhind as to why warrant of recovery was issued when appellant is in jail. He should further submit the explanation why Presiding Officer has not mentioned his name in the order sheet. The District Judge. Bhind should also send explanation why the name of Presiding Officer is not mentioned in the certified copy inspite of the clear direction of this Court.