IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-30137 of 2009 Date of decision: 3.12.2009. Swaran Ram Nanglu ....Petitioner Versus State of Punjab ...Respondent **** CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. Preetinder S. Ahluwalia, Advocate for the petitioner Mr. Arshwinder Singh, Deputy Advocate General,Punjab S. D. ANAND, J. The petitioner herein had been convicted by the learned Sessions Judge, Nawanshahr and was sentenced to undergo RI for a period of 2-1/2 years and to pay a fine of Rs.10,000/-. The amount was deposited in the learned Trial Court on the date of conviction i.e. 6.5.2003 itself. In appeal, however, the petitioner earned acquittal. A plea filed by him for refund of fine amount aforementioned did not find favour with the learned Trial Judge who felt that the order has to be obtained from this Court. The view taken by the learned Trial Judge cannot be upheld. It is a pure and simple case where an accused convicted by the learned Trial Court had been ordered to be acquitted by this Court. The release, from custody, of that accused and also the refund of amount of fine deposited by him were necessary concomitants of the order of acquittal. The learned Trial Judge could not have declined to refund the amount of fine just because the appeal came to be allowed by this Court. Further, a fine deposited in pursuance of an order of conviction, could not have been retained in a Government Treasury after allowance of appeal by this Court. Learned State Counsel is not in a position to contest the plea for allowance of the petition. The petition shall stand allowed. The Trial Court is directed to refund the amount of fine of Rs.10,000/- imposed upon the appellant. Disposed of accordingly. December 03, 2009 (S. D. ANAND) Pka JUDGE