Court No. - 49
Case :- APPLICATION U/S 482 No. - 14688 of 2021 Applicant :- Dayaram And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Tripurari Pal Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
This Application under Section 482 Cr.P.C. has been filed with a prayer to quash the order dated 12.07.2021 passed by learned Additional and Sessions Judge, IX, Budaun in Case No. 710 of 1981 (State Vs. Ram Swaroop and Others) under Sections 147, 148, 307/149 I.P.C., P.S. Usavan, District Budaun.
Brief facts giving rise to the present petition are that Criminal Appeal No. 2589 of 1982, Ram Swarup and Another Vs. State with connecting Criminal Appeal No. 2590 of 1982, Shyam Pal and Others Vs. State was decided by this Court on 28.08.2018. In the judgement, it was ordered that:
"10. The two appeals are partly dismissed and the impugned judgment and order of conviction convicting the appellants under Sections 147 & 148 I.P.C. is upheld. The two appeals are partly allowed and the conviction and sentence of appellants under Section 307/149 I.P.C. is set- aside and is altered to the offence under Section 324/149 I.P.C. and sentences under Sections 147 & 148 I.P.C. are modified and reduced. Accused-appellant Jiwa Ram is sentenced with rigorous imprisonment for the period already undergone under Section 148 I.P.C. and with rigorous imprisonment for the period already undergone and fine of Rs.5,000/- under Section 324/149 I.P.C. The accused-appellants Ram Bharosey and Hawal Dar are sentenced with rigorous imprisonment for the period already undergone under Section 147 I.P.C. and each of them is sentenced with rigorous imprisonment for the period already undergone and fine of Rs.5,000/- under Section 324/149 I.P.C. (to be deposited by each of them within two months), failing which the defaulter will undergo simple imprisonment for an additional period of 3 months."
This Court further ordered that lower court record be sent back to court below along with a copy of this order for necessary compliance.
In compliance of the aforesaid order, learned Ninth Additional District and Sessions Judge, Budaun issued recovery warrant of Rs. 5,000/- vide order dated 12.07.2021 against Jeewa Ram, Hawal Dar and Ram Bharosey.
In the recovery certificate, it has been specifically stated that accused has died thus, amount of sentence of fine is to be recovered from the heirs of deceased.
Learned counsel for the applicants submitted that applicants are ready to deposit the fine imposed. Applicants prayed that time be extended to deposit the fine imposed.
Considering the facts and circumstances of the case, it would be appropriate in the interest of justice to extend the time to deposit the fine imposed vide judgement of this Court in Criminal Appeal No. 2589 of 1982, Ram Swarup and Another Vs. State with connecting Criminal Appeal No. 2590 of 1982, Shyam Pal and Others Vs. State.
This Application under Section 482 Cr.P.C. is disposed of with the direction that learned court below shall permit the applicants to deposit the fine awarded by this Court vide order dated 28.08.2018 within 30 days from this order.
Order Date :- 22.9.2021 A. Mandhani