SURAJ MAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Respondents No.2 to 4 were convicted for an offence under Sections 325/324 read with Section 34 IPC and were sentenced to suffer RI for two years with fine of Rs.500/-each for an offence under Section 325 IPC and RI for one year with fine of Rs.200/-each for an offence under Section 324 IPC. They filed an appeal against the order of conviction and the sentence, but did

(2.) not contest the same when it came up for hearing. It was specifically stated on their behalf that they would not contest the correctness/legality of the findings of conviction, but prayed for their release on probation. Accordingly, while dismissing their appeal and taking into consideration the statement made by the private respondents, they were ordered to be released on furnishing bonds in the sum of Rs.10,000/-each with one surety in the like amount for a period of one year. This order passed by the Appellate Court is

(3.) under challenge in the present revision. Notice in this case was issued to consider the aspect of awarding compensation only. It is stated that issue regarding grant of compensation, after release on probation, may be debatable one. Mr.R.K.Jain, the counsel appearing for the petitioner has referred to C where Hon'ble Supreme Court has observed that the provisions of Section 357(3) Cr.P.C. are not applicable in the cases where sentence of fine is not imposed. Reading of Sub-section (3) of Section 357 Cr.P.C.would clearly show that the question of award of compensation would arise where the court imposes a sentence of which fine form a part of it. In other words, where the fine imposed is a sentence, then compensation under Section 357(3) Cr.P.C. is not available to be utilised. This appears to be with a purpose. Question Criminal Revision No.927 of 2003 : 3 : of awarding compensation of course would arise where fine is not imposed as in cases where fine is imposed, the same can be ordered to be paid to the victim and as such no compensation otherwise may be payable. In the instant case, the sentence of fine was imposed on both counts to each of the respondents. Accordingly, it may not be open to award compensation by utilising the provisions of Section 357(3) Cr.P.C.