DAMJI KARAMCHAND Vs. KUTCH STATE

JUDGEMENT

(1.) The facts giving rise to the present application for revision of an order dated 14.3.52, made by the Additional Sessions Judge, Kutch, briefly stated, are as follows:

(2.) One Manilal Gokal along with others was convicted in Sessions Case No. 27 of 1949 for offences punishable under Sections 411 and 414, I.P.C., and was sentenced to undergo rigorous imprisonment for 2 years and to pay a fine of Rs. 10,000/- or in default to undergo further rigorous imprisonment for 9 months. Manilal Gokal preferred criminal appeal No. 6 of 1950 against his order of conviction and sentence to this Court and applied for being released on bail. This Court made the following order below Manilal's application for bail:

(3.) On dismissal of appeal preferred by Manilal, the present applicant was called upon by a notice to get the amount of fine paid by Manilal failing which he (applicant) should pay it himself. The applicant by his written statement dated 14.3.52 contended that the bond taken from him was not in compliance with the order made by this Court; under Criminal P.C. no such bond could be taken and therefore it was illegal and unenforceable; under Section 426, Criminal P.C. Court had no jurisdiction to make an order directing an accused person to furnish such a security; under Section 386, Criminal P.C. the amount of fine could not be recovered except for special reasons so long as a convicted person was undergoing sentence of imprisonment.