Ranjeet Jha @ Ranjeet Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47516 of 2016 ======================================================

1. Ranjeet Jha @ Ranjeet Kumar Jha, Son of Sri. Liladhar Jha, resident of Mohalla- Darwani Lane, Qr no- CL/ 905 P.O.- Dalmiya Nagar Dist- Rohtas. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : None For the Opposite Party/s : Mr. Nityanand Tiwary ======================================================

CORAM:

HONOURABLE MR.

JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-12-2016 No one appears on behalf of the petitioner.

Perused the record.

The present application, under Section 482 of the Code of Criminal Procedure, 1973, has been filed seeking modification of the judgment and order, dated 21.01.2016, passed by this Court in Cr. Rev. No. 710 of 2006. This is to be noted that the petitioner was convicted of an offence punishable under Section 392 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for three (3) years and to pay a fine of Rs. 5,000/-, in default of

Patna High Court Cr.Misc. No.47516 of 2016 (2) dt.20-12-2016 2/3 which he was required to undergo imprisonment for another period of three (3) months, in terms of trial Court judgment, dated 06.02.2006, passed in Trial No. 1925 of 2006. One criminal appeal, bearing No. 12 of 2006, preferred by the petitioner also came to be dismissed by the learned Sessions Judge, Rohtas, Sasaram, by an order, dated 28.03.2006, against which the said Cr. Rev. No. 710 of 2006 was filed. This Court upheld the conviction, but, however, reduced the period of conviction to the period of custody already undergone by the petitioner. However, he was required to deposit the fine amount of Rs. 5,000/- within a period of eight (8) weeks, which he failed to do. It appears from the present application that since the petitioner failed to deposit the fine amount, he was taken into custody on 28.08.2016.

The present application has been filed seeking modification of the order, dated 21.01.2016, only to the extent a time of eight (8) weeks was granted for deposit of the said amount.

It seems that the petitioner has remained in custody from 28.08.2016 for a period of three (3) months in default of

Patna High Court Cr.Misc. No.47516 of 2016 (2) dt.20-12-2016 3/3 payment of fine amount and, therefore, this application has become infructuous.

This application is, accordingly, dismissed.

(Chakradhari Sharan Singh, J.) Praveen-II/- U T