JAINSINGH & ORS. Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 'the Code') preferred for issuance of appropriate direction to trial Court for compliance operative portion of order passed by this Court on 16/02/2010 in Cr.R. No. 1265/2009.

(2.) The facts of the case are that the petitioners were convicted for an offence punishable under Sections 27 , 29 and 31 of Wild Life Protection Act by Judicial Magistrate First Class, Narsinghgarh, District-Rajgarh in Criminal Case No. 821/2006, vide judgement dated 19/08/2009 and they were sentenced to undergo 3 years R.I. and to pay fine of Rs.10,000/- for each offence. The aforesaid order was challenged by the petitioners by Cr.A. No. 176/2009 before Additional Sessions Judge, Narsinghgarh, District- Rajgarh, whereby Additional Sessions Judge, Narsinghgarh, vide judgement dated 23/10/2009 dismissed the appeal by affirming the order of conviction and sentence passed by Judicial Magistrate, First Class. The petitioners challenged the aforesaid conviction and sentence before this Court by Cr.R. No. 1265/2009 and this Court vide final order dated 16/02/2010, reduced the jail sentence awarded to the petitioners to the period already undergone, subject to depositing further fine of Rs.7,500/- each within a period of two months, failing which the petitioners shall suffer jail sentence of one year R.I. instead of three years R.I. and in case of arrest, if the petitioners fail to deposit the amount, then they shall be liable to pay fine @ Rs.50/- per day and shall be released forthwith upon depositing the amount with fine.

(3.) The petitioners were not deposited the aforesaid fine amount within stipulated time period, therefore, warrant of arrest was issued against them and in-compliance of arrest warrant, they were arrested and produced before Judicial Magistrate First Class, Narsinghgarh, on 08/11/2017 and they have been sent to the jail on 10/11/2017 for serving out 1 years R.I . Trial Court has directed that if the petitioners deposit the fine amount of Rs.7,500/- alongwith fine @ Rs. 50/- per day from 09/04/2010, then they shall be released forthwith. As the petitioners have failed to deposit the aforesaid amount, therefore, they be sent to jail for serving out remaining jail sentence of 1 years R.I..