Revision of decision to convert imprisonment in fine to get benefit of probation bond
Criminal Appeal No. 212 of 2016
Bench: Justice Dipak Misra; Justice Shiva Kirti Singh
Case Brief: The present appeal was arose out of the Special leave petition (criminal) which was granted by the court. Here in the facts of the case, the Appellant being wife of the respondent no. 1, who allegedly harassed and tortured for dowry demands and as such the Wife lodge a criminal case under section 498A, 406 and 120B of the Indian Penal Code, 1860. Moreover, the father- in- law of the appellant has expired during the trial and the mother- in- law was acquitted. Moreover, the Husband- respondent no. 1 was convicted and was awarded a rigorous imprisonment for one year for each of the offence under section 406 and 498A of the Code and also fine of Rs. 1000 with default clause of rigorous imprisonment for 15 days. However, the Wife had preferred an appeal against the acquittal of the mother- in- law and also claimed the enhancing of the punishment awarded to the husband, also State appealed against acquittal and also Respondent no. 1 preferred appeal against his conviction. All such three appeals were dismissed by the Additional Sessions Judge and the earlier decision of the Magistrate was affirmed with modification in sentence on ground that in case he is sent to jail he may lose his Government job, and the court permitted him to deposit Rs. 2,50,000 payable to the appellant within one month and if such deposit is made then he was to get the benefit of the probation bond. However, the Appellant- Wife challenged the judgement and order of the Additional Sessions court, in the revision petitioner before the High Court, which was dismissed by that Court virtually in a summary manner by order of 2012. Now the Bench after considering the relevant submissions advanced from the side of the appellant and respondents, and after going through the order passed by the High Court, has observed that the Rs. 2,50,000 has been deposited and as such the court ruled that the order of the High Court be set aside and the matter was sent back for re- hearing by the High Court. Thus, the Court ordered in the similar manner and decided the matter in merits. The appeal is allowed.
Read the Judgement: Charanjit Kaur Vs. Bikram Singh & Anr