Mumbai: The honourable Bombay High Court ruled that for the payment of the fines and compensation imposed by the courts, the legal heirs of the deceased- convict will be liable.
The said ruling was made by the High Court’s Bench comprising of the Justice- Shalini Phansalkar Joshi. And while delivering the judgment, she observed that the death of the convict does not discharge him from the liability of payment of the fine and compensation which the court imposes against him. Such, amount of fine or compensation could be recovered from his properties which he left behind him or even the legal heirs of the deceased convict, who hold such properties would be held responsible for such payment.
The Court while dealing with the petition which was filed by one Shamim Sarkhot has made this decision. It was seen that recently, the petition was dismissed.
The petitioner- Shamim is a resident of Srivardhan in Raigad district of Maharashtra. It was actually the case of appeal where the petitioner claimed to the effect that, for the payment of fine and compensation which was imposed by the court against her husband (now deceased) could not have been imposed against her, as she was merely a legal heir of the dead convict.
Notably that the deceased- Husband of the petitioner was convicted for not honouring a cheque issued by him to the local businessman. And he was convicted by the Magistrate in the year 2006, where he was ordered to pay a fine of Rs. 25,000 and compensation to the victim of Rs. 2.85 lakh. It was seen after the death of the convict during the pendency of his appeal, the victim approached for the recovery of the compensation in the last year (December), and the Magistrate ordered the payment of compensation against his Widow.
Thereafter, the Widow as shown above, appeared before the High Court against such decision of the magistrate. However, her claim was rejected by the High Court and it was stated by the court that when convict fails to pay the fine under the provisions of the Code of Criminal Procedure, then such amount can be recovered from his properties, and as the properties of the deceased- convict is now in the custody of his widow, therefore she is liable for such payment.
Adv. Faim Khalilkhan Pathan