The High Court allowed a petition to modify a previous impugned judgment by specifying that the fine imposed on appellants applies to each one separately and added default stipulations for non-payment.
Order impugned modified to specify fine on each appellant separately; default stipulation of Simple Imprisonment added.
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HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
Cr.M.P. No. 1168 of 2019
[All are the R/o Village Bade Katekoni, Police Station Dabhara, DistrictJanjgir-Champa, Chhattisgarh]
---- Petitioners
Versus
| ---- Respondent | |
|---|---|
| 10/05/2019 | Mr. Ishwar Jaiswal, counsel for the petitioners. Mr. I. Lakra, Dy. G.A. for the State. Heard. |
| Learned counsel for the petitioner has been praying for modification of the impugned judgment and submits that in the 19th paragraph of the impugned judgment, it is not specifically mentioned that the fine imposed upon the petitioners is to be paid by each of the appellants, which may be made specific. |
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| Learned counsel for the State has no opposition. After perusing the impugned judgment passed by this court in Cr.A. No. 391/2015 on 11.03.2019, it is mentioned that the appellants are sentenced but the specific mention that the fine is imposed upon which of the appellants is missing. Therefore, I feel inclined to allow |
the petition. Accordingly, the order impugned is modified and it is ordered that in the paragraph No. 19 of the impugned judgment, after the mention of the fine amount, it should be specifically read that this fine amount has been imposed upon each of the appellants separately. Further, the default stipulation has also been left out in the impugned order, which is added accordingly that in case of non-payment of fine each of the appellants will require to undergo S.I. for six months and one year respectively. The copy of this order be made a part of the order dated 11.03.2019 passed in Cr.A. No. 391/2015. Accordingly, the petition is disposed off. Sd/- (Rajendra Chandra Singh Samant) Judge
Monika
1 issue framed by the court
Whether to modify the fine imposition in a previous order to clarify that it applies to each appellant separately.
Tameshwar Prasad Chandra
Bhuneshwar Prasad
Sukhdev Chandra
State Of Chhattisgarh
Rajendra Chandra Singh Samant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
