PRAHLAD SINGH Vs. STATE OF M P

JUDGEMENT

(1.) MCRC No. 7260/08 (Prahlad singh v. State of M. P.), MCRC No. 6707/08 (Makhan Das v. State of M. P.), MCRC No. 5879/08 (Bhagwan Singh and Others v. State of M. P.), MCRC No. 6760/08 (Sabba and Others v. State of M. P.)are being disposed of by this common order as the point for consideration in all these Miscellaneous Criminal cases are the same. The point for consideration is that whether the period for payment of amount of fine, ordered in judgment in an appeal, can be extended by this Court in view of Section 482 Cr. P. C. ?

(2.) THE facts of the case, in nutshell, are as under: in MCRC No. 7260/08 (Criminal Appeal No. 497/2001), petitioner Prahlad Singh has been convicted under Section 324 of IPC and sentenced to the period already undergone by him with an imposition of fine amount of rs. 3,000/ -. It has further been directed that he shall surrender before the trial Court to deposit the amount of fine within a period of three weeks from the date of receipt of the copy of the judgment with default stipulation. In MCRC No. 6707/08 (Criminal Appeal no. 434/2002 ). petitioner Makhan Das has been convicted under Section 323 read with section 34 of IPC and sentenced to the period already undergone by him with an enhancement of fine from Rs. 500/- to 1000/ -. He is further directed to deposit the amount of fine within a period of three weeks from the date of receipt of certified copy of the judgment with default stipulation. In MCRC No. 5879/08 (Criminal Appeal no. 110/2000), petitioner Bhagwan Singh has been convicted under Sections 451, 323 and 426 of IPC and sentenced to the period already undergone by him but the amount of fine to the tune of Rs. 1. 000/- has been imposed under Section 323 of IPC; amount of fine to the tune of Rs. 500/- has been imposed under Section 426 of IPC while the amount of fine as awarded by learned trial court under Section 451 of IPC has been enhanced from Rs. 100/- to Rs. 500/ -. The rest of the petitioners have been convicted under Section 323 read with Section 34 of ipc and they have also been sentenced to the period already undergone by them but the amount of fine has been imposed to the tune of Rs. 1,000/- each with default stipulations. They have directed to deposit the amount of fine before the trial Court within a period of 15 days from the receipt of this judgment. In MCRC No. 6760/08 (Criminal Appeal no. 355/99), the petitioner No. 2 Ramdayal has been convicted under Section 326 of IPC and was sentenced to the period already undergone by him but the amount of fine has been enhanced from Rs. 5,000/- to 7000/ -. The rest of the petitioners have been convicted under Sections 148 and 324 of IPC and sentenced to the period already undergone by them but the amount of fine has been enhanced under Section 324 of IPC from Rs. 2,000/- to Rs. 3,000/- with default stipulations. The conviction and sentence of all the petitioners under Section 148 of ipc have been maintained. It has further been directed that the amount of fine be deposited before the trial Court within a period of one month from this judgment.

(3.) ON behalf of the petitioners, petitions under Section 482 of Code of Criminal Procedure, 1974 have been filed and it is submitted that they could not deposit the amount of fine as directed by this Court and prayer was made to extend the period for payment of amount of fine.