TERU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition has been filed under Sec. 482 of the Cr.P.C. against the order 30/6/2021 passed by the Judicial Magistrate Class-I, Petlawad, Jhabua (M.P.) in Criminal Case No.272/2015 whereby the learned Judge has dismissed the applicant filed by the applicants for recalling of the arrest warrants issued against them, as the arrest warrants were issued against the applicants as they could not deposit the fine amount of their conviction within the stipulated period of one month i.e. on or before 8/5/2021, as directed by the Additional Sessions Judge, Petlawad, Jhabua vide judgment dtd. 8/4/2021 whereby while deciding the applicant's appeal arising out of the judgment dtd. 6/3/2019 passed by the J.M.F.C., whereby the applicants were convicted under Ss. 147, 149, 323 and 325 of the IPC for various terms along with fine, the sentence was reduced till rising of the court and the fine amount was increased. Admittedly, the fine amount has since been deposited by the applicants on 9/6/2021 but prior to that, arrest warrants had already been issued against them on 8/4/2021.

(2.) Counsel for the applicants has submitted that after the final judgment was passed by the lower appellate court on 8/4/2021 the aforesaid judgment could not be communicated to the applicants as they are rustic villagers and had gone to earn their livelihood to Gujarat but could not come back and attend the court due to Covid-19 lock down and soon after they came back after the lock down was lifted, they deposited the amount on 9/6/2021, the receipts of which are also placed on record. However, when they applied for cancellation of their arrest warrant under Sec. 70(2) of the Cr.P.C., the aforesaid application has been dismissed on the ground that the lower court has no jurisdiction to waive the condition which has already been imposed by the appellate court.

(3.) Shri Sudhansh Ukas, learned counsel for the applicants has drawn attention of this Court towards Sec. 68 of the IPC which provides for imprisonment to terminate on payment of fine. Counsel has further submitted that the applicants' application for recall of warrants deserved to be allowed by the learned trial court itself as is mandated by Sec. 68 of the IPC. It is further submitted that now the fine amount has already been deposited by the applicants, there is no reason not to cancel the arrest warrants issued against them as the imprisonment has already been terminated by the operation of law.