SAMIR RAJBANSHI Vs. STATE

JUDGEMENT

(1.) THE present interlocutory application has been filed for modification of Judgment dated 8.12.009 passed by this Court in Cr. Appeal No. 91 of 2002, whereby the order of sentence passed by the Court below against the appellant was reduced to the imprisonment of three years and nine months, which was already undergone by him in course of trial, plus a fine of Rs. 7,000/- which was to be deposited within three months from the date of Judgment and in case of default in making the deposit, the appellant was directed to undergo one year simple imprisonment and if the fine was deposited, Rs. 5,000/- out of the same, was directed to be paid to the victim.

(2.) IT is submitted by the learned counsel for the appellant that the order was not communicated to the appellant by his advocate concerned and accordingly, he had no knowledge about the order. IT appears that fresh warrant of arrest was issued against the appellant on 24.1.2012 by the Court below, which has been brought on record as Annexure-2 to the interlocutory application. Thereafter the appellant learnt about the order and he surrendered in the Court below and prayed for accepting Rs. 7,000/-. The said prayer was not accepted by the Court below, as there was direction of this Court to deposit the amount within three months and accordingly, the appellant was taken into custody. The present interlocutory application has been filed for accepting the amount of fine as the appellant had no knowledge about the order passed by this Court. -2-

(3.) LET this order be communicated to the Court concerned through FAX at the cost of the appellant.