High Court Of ChhattisgarhCRMP/2552/2019disposed off

Kush Yadav v. State Of Chhattisgarh

2019-12-03Hon'Ble Shri Justice Sharad Kumar Gupta2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 2552/2019

1. Kush Yadav, S/o Shri Daras Yadav, aged about 25 years.

2. Dhan Sai, S/o Puru Yadav, aged about 50 years. Both are resident of village Akaltara, District Janjgir-Champa (CG) ---Applicants -VERSUSState of Chhattisgarh, through Station House Officer, Police Station Akaltara, District Janjgir Champa (CG).

---Respondent For appellants : Mr. Shrawan Kumar Chandel, Adv.

For respondent/State : Mr. D.C. Verma, GA.

Hon'ble Shri Sharad Kumar Gupta, Judge ORAL ORDER 3-12-2019

1. On 22-7-2019, while disposing of the Criminal Appeal No. 251/2005 preferred by the applicants, this court allowed the appeal partly and the jail sentences of applicant No.1-Kush Yadav for the offences punishable under Sections 452, 324 of IPC, 06 months, 06 months, respectively were reduced to the period already undergone by him. Imposed fine Rs. 500/- on him for the offence punishable under Section 452 of IPC, was enhanced to Rs.5,000/- (Rupees Five thousand only). Imposed fine Rs. 500/- on him for the offence punishable under Section 324 of IPC, was enhanced to Rs.7,000/- (Rupees Seven thousand only). The jail sentence of applicant No.2-Dhan Sai for the offence punishable under Section 324 of IPC, 06 months was reduced to the period already undergone by him. Imposed fine Rs.

500/- on him for the offence punishable under Section 324 of IPC, was enhanced to Rs.7000/- (Rupees Seven thousand only). The applicants were granted 2 months time from the date of the judgment for depositing the fine amount. Since the applicants did not deposit the amount of fine, they have been sent to jail for undergoing the jail sentences due to default clause.

2. Counsel for the applicants prays that some more time may be

granted to the applicants for depositing the fine amount.

3. Considering the facts and circumstances of the case, the instant CRMP is disposed of with direction that the applicants are granted further one month's time from today to deposit the fine amount as imposed on them by this Court vide judgment dated 22-7-2019 passed in CRA no. 251/2005. The amount may be deposited either before the trial Court or before the concerned jail authorities.

4. Certified copy today.

Sd/- (Sharad Kumar Gupta) Judge pathak/-