The High Court of Jharkhand allowed a petition for modification of a prior revision order extending the time limit for depositing a fine of Rs. 5,000/- by four weeks or until surrender.
Order dated 04.11.2022 modified; petitioner directed to pay fine of Rs. 5,000/- within four weeks; otherwise surrender.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M . P. No. 2316 of 2023
Govind Lohar ....Petitioner
-Versus-
The State of Jharkhand ....Respondent
--- CORAM : HON’BLE MR. JUSTICE DEEPAK ROSHAN --- For the Petitioner : Mr. Madhav Prasad, Advocate For the Resp.-State : Mr. Suraj Deo Munda, A.P.P. --
02/25.08.2023 The instant application has been preferred by the petitioner for modification of the order dated 04.11.2022 passed by this Court in Criminal Revision no. 365 of 2007 as the fine amount of Rs. 5,000/- could not be deposited within the stipulated time.
Learned counsel for the petitioner submits that due to economic condition, the petitioner could not manage the amount of fine within the stipulated time; as such it could not be deposited within the time as directed by this Court.
Learned A.P.P. for the State does not have any serious objection if the fine amount of Rs. 5,000/- is deposited within a further period of 4 weeks provided that if the same amount is not deposited within the extended period of four weeks, the petitioner shall surrender before learned trial court to serve the rest of the sentence as directed in the order dated 04.11.2022.
Having regard to the submissions made by learned counsel for the parties and the averments made in the instant application, especially paragraph nos. 7 & 8, the instant application is allowed and the order dated 04.11.2022 passed by this Court in Criminal Revision no. 365 of 2007 is modified to the extent that the petitioner is directed to pay the fine amount of Rs. 5,000/- within a period of four weeks from today, failing which, he shall surrender before learned trial court to serve the sentence as directed by learned trial court.
With the aforesaid modification in the order dated 04.11.2022 passed in Criminal Revision no. 365 of 2007, the instant application stands disposed of.
Let a copy of this order be sent to learned trial court through FAX.
(Deepak Roshan, J.)
jk
2 issues framed by the court
Whether to allow an application for modification of an order due to inability to deposit fine within stipulated time.
Whether to grant an extension of time to deposit the fine amount of Rs. 5,000/-.
Govind Lohar
The State of Jharkhand
DEEPAK ROSHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
