Court No. - 48
Case :- APPLICATION U/S 482 No. - 5006 of 2018 Applicant :- M/S Raghu Prime Metal Limited And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- J.B. Singh Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
Heard applicants' counsel, learned AGA and perused the record.
This is a case in which the accused-applicants have been convicted to undergo one year simple imprisonment. Apart from this a fine of Rs.1,05,00,000/- has also been imposed out of which Rs.97,73,000/- have been ordered to be given to the complainant as compensation. An appeal was filed against the order of conviction and the fine was stayed on the condition of depositing Rs.5,00,000/- in the Court. this application has been moved on behalf of the applicants with the prayer that the condition imposing of Rs.5,00,000/- is unreasonable and, therefore, should be modified.
Submission is that the application seeking the modification in the lower Appellate Court has also been wrongly rejected by the Court below.
This Court has gone through the order dated 5.12.2017 as well as order dated 7.12.2017. The orders reflect judicial application of mind. It is not a case involving paltry amounts but relates to an offence with regard to large amount of money and even the amount of fine is huge and keeping in perspective the total facts and circumstances of the case and the amount of fine that was imposed, the condition imposed by the lower Appellate Court while granting bail, does not appear to be either unreasonable or disproportionate or excessive. The discretion exercised by the lower Appellate Court does not contain any element of perversity and there does not appear to be any failure of justice having been occasioned by the same. This Court does not see any abuse of Court's process having been occasioned by the impugned orders and I do not deem it to be a fit case for which the inherent jurisdiction of this Court may be exercised to set aside the judicial statutory discretion exercised by the lower Appellate Court.
This application lacks merit and is, accordingly, dismissed.
Order Date :- 26.2.2018 Manish Himwan