Tameshwar Prasad Chandra v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet Cr.M.P. No. 1168 of 2019

1. Tameshwar Prasad Chandra S/o Sukdev Prasad Chandra, Aged About 28 Years

2. Bhuneshwar Prasad S/o Shivprasad Chandra, Aged About 22 Years

3. Sukhdev Chandra S/o Pyarilal Chandra, Aged About 59 Years [All are the R/o Village Bade Katekoni, Police Station Dabhara, DistrictJanjgir-Champa, Chhattisgarh] ---- Petitioners

Versus

• State Of Chhattisgarh, Through Station House Officer, Police Station Dabhara, District- Janjgir-Champa, Chhattisgarh ---- 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.

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