1 Cri.A.1569.11+1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1569 OF 2011 IN CRIMINAL APPEAL NO.375 OF 2005 Ankush S/o Desu Rathod, Aged :32 Years,Occup.:Nil. R/o Somnathpur, Tq. Udgir, District Latur. ...APPLICANT. VERSUS The State of Maharashtra, ...RESPONDENT. WITH CRIMINAL APPLICATION NO.1570 OF 2011 IN CRIMINAL APPEAL NO.376 OF 2005 Sanjay Uddhavrao Jadhav Aged :32 Years,Occup.:Nil. R/o Somnathpur, Tq. Udgir, District Latur. ...APPLICANT. VERSUS The State of Maharashtra, ...RESPONDENT. ... Shri.S.R.ChoukidarAdvocate for Applicant. Smt.Y.M.Kshirsagar, A.G.P. for Respondents. ... CORAM: SHRIHARI P.DAVARE, J. DATE : 29TH APRIL, 2011. PER COURT : 1. Heard learned counsel for the parties. 2 Cri.A.1569.11+1 2. The applicants have preferred present applications seeking permission to deposit the fine amount before this Court, and also seeking direction to the concerned authorities to release the applicants upon serving the sentence under section 395 of the Indian Penal Code. 3. Applicants faced the trial in Sessions Case 74 of 2001(new) (Old No.23 of 2000) for the offences punishable under sections 395, and 376(2) (g) of the Indian Penal Code, and by Judgment and order dated 07th May, 2005 rendered by the learned Additional Sessions Judge, Udgir they were convicted for the offence punishable under section 395 of the Indian Penal Code, and were sentenced to suffer rigorous imprisonment for 10 years and to pay a fine of Rs.10,000/-(Rupees Ten Thousand) each, in default to suffer rigorous imprisonment for two years each, and they were also convicted for the offence punishable under section 376(2)(g) of the Indian Penal Code and were sentenced to suffer rigorous imprisonment for 10 years and were 3 Cri.A.1569.11+1 directed to pay fine of Rs.10,000/-(Rupees Ten Thousand) each, in default of payment of fine, to suffer further rigorous imprisonment for two years each, and it was also directed that both the aforesaid substantive sentences to run concurrently. It was also directed that each of the accused shall to pay compensation to the tune of Rs.10,000/-to the wife of the informant. 4. Being aggrieved and dissatisfied by the said Judgment and order of conviction, the applicants herein preferred Criminal Appeals bearing No. 375 of 2005 and 376 of 2005 respectively, before this Court, challenging convictions and sentences inflicted upon them. The said appeals were partly allowed by the judgment and order dated 13th December, 2007, and thereby conviction and sentence imposed upon the applicants for the offence punishable under section 376(2)(g) of the Indian Penal Code was set aside, and the applicants were acquitted of the said charge, as well as the impugned order regarding compensation 4 Cri.A.1569.11+1 and sentences of in default of payment of fine was set aside. However, the said appeal was dismissed to the extent of conviction and sentence for the offence punishable under section 395 of the Indian Penal Code, and also regarding disposal of the property and conviction and sentence for the offence punishable under section 395 of the Indian Penal Code, was maintained. 4. Besides, the learned counsel for the applicants submits that the applicants were in custody for some period after registering the offence, but thereafter they were enlarged on bail during the pendency of the trial. However, after imposing aforesaid conviction and sentences by way of Judgment and order dated 07th May, 2005, by the learned Adhoc Additional Sessions Judge, Udgir, applicants were taken into custody, and even after dismissal of the appeal partly in respect of the offence punishable under section 395 of the Indian Penal Code, they are undergoing sentences in jail, and presently they are placed in Central Prison, 5 Cri.A.1569.11+1 Nashik. 5. On the aforesaid background, the learned counsel for the applicants stated that, due to financial difficulties, the applicants could not deposit fine amount of Rs.10,000/-(Rupees Ten Thousand) each, which was imposed upon them as mentioned herein above, so far. However, on instructions, the learned counsel for the applicants states that applicants are ready and willing to deposit amount of Rs.12,000/-(Rupees Twelve Thousand) each, towards fine amount imposed upon them, and also prayed that since record and proceeding has been called before this Court, in Criminal Appeal NO.248 of 2008, which is pending before this Court, permission be granted to deposit the said amount before this Court, and consequently directions be issued to the concerned authorities to release the applicants after undergoing substantive sentences imposed upon them for the offence punishable under section 395 of the Indian Penal Code. 6 Cri.A.1569.11+1 6. The learned A.P.P. submitted to the orders of the Court. 7. Since as stated by the learned counsel for the applicants that they could not deposit the fine amount earlier due to their financial difficulties, and since the applicants have now come forward voluntarily to deposit the fine amount of Rs. 12,000/-(Rs. Twelve Thousand) each, there is no impediment in accepting the same, and since the record and proceeding is pending before this Court in Criminal Appeal No. 248 of 2008, permission can be granted to the applicants to deposit fine amount in this Court, with further directions to the concerned authorities to release the applicants after undergoing respective sentences inflicted upon them for the offence punishable under section 395 of the Indian Penal code, as aforesaid. 8. In the result, present applications are partly allowed, and the applicants are permitted 7 Cri.A.1569.11+1 to deposit Rs. 12,000/-(Rupees Twelve Thousand) each, on their own accord, towards fine amount imposed upon them, by way of the judgment and order dated 7th May, 2005 and confirmed by this Court in Criminal Appeal Nos. 375 of 2005 and 376 of 2005, respectively, by judgment and order dated 13th December, 2007 in respect of conviction and sentences for the offence punishable under section 395 of the Indian Penal Code, and since record and proceeding has been received by this Court in Criminal Appeal No. 248 of 2008, aforesaid fine amount be accepted before this Court and after deposit of such fine amount by the applicants, as aforesaid, the concerned Jail Authority is directed to release the applicants, only upon undergoing substantive sentences inflicted upon them for the offence punishable under section 395 of the Indian Penal Code, and present applications are disposed of accordingly. Sd/- [SHRIHARI P.DAVARE, J.] MTK 8 Cri.A.1569.11+1