HARADSAN BOSR Vs. STATE

JUDGEMENT

(1.) THE petitioner in this case has been convicted under sec. 408 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for one year and also to pay a fine of Rs. 1000/-, in default to suffer a further period of imprisonment for six months. He has now surrendered and is in jail, but he has not paid the fine. The question that has arisen before us is whether his application for a certificate under Art. 134 (1) (c) of the Constitution can be brought to hearing, even if he has not paid the fine of Rs. 1000 / -.

(2.) THE case really hinges upon a true construction of Rule 59 of Chapter VI of the Appellate Side Rules. The Rule runs as follows :-