Compensation awarded u/s 357(3) of Cr.P.C by the Trial Court cannot be released during the pendency of Appeal

 Crl.A.Nos. @ SLP(Crl.) D.No.132220 1 NON REPORTABLE IN THE CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS.550 554 OF 2020 Arising out of S.L.Pof Cr.P.C. in order dated Signature Not Verified Digitally signed by 20.03.2019 passed by the learned Addl. Sessions Judge Crl.A.Nos. @ SLP(Crl.) D.No.132220 2 FTC Court Shahdara in Sessions Case No.29 of 2011 and Unique Case ID No.2316 The contesting respondents herein were accused in FIR No.1004 2006 registered on the file of PS Sector 20 Noida for offence under Sections 342 332 306 167 218 220 302 34 IPC. All of them are members of police force. It was the case of the appellant complainant that respondents accused have illegally detained his son in connection with a theft case and he was tortured in the police lock up and in view of the injuries suffered he succumbed to the injuries. The respondents accused were tried by the learned Addl. Sessions Judge FTC court Shahdara for the offences alleged against them and by judgment dated 14.03.2019 the respondents accused namely Kunwar Pal is held guilty for offence punishable under Section 365 34 IPC and accused SI Hindveer Singh and SI Mahesh Mishra and constable Pradeep constable Pushpender and constable Haripal were held guilty for offence punishable under Sections 365 220 167 304 34 IPC. While passing the order of sentence on 20.03.2019 the Trial Court has awarded compensation of Rs.One lac payable by the accused convict Kunwar Pal and a sum of Rs.Five lacs each was ordered to be paid by the accused convicts SI Crl.A.Nos. @ SLP(Crl.) D.No.132220 3 Hindveer Singh and SI Mahesh Mishra and a sum of Rs.Two lacs each was ordered to be paid by the accused convicts constable Pradeep constable Pushpender and constable Haripal in terms of Section 357(3) Cr.P.C. The Trial Court ordered release of such compensation in favour of the appellant who is the father of the deceased victim As against the conviction recorded and sentence imposed by the Trial Court criminal appeals are preferred in Crl.A.No.5319 Crl.A.No.6219 Crl.A.No.622 of 2019 Crl.A.No.488 of 2019 and Crl.A.No.499 of 2019 by the accused and same are pending before the High Court. By the time impugned order came to be passed on 9.12.2019 the appellants in Crl.A.No.488 of 2019 Crl.A.No.499 of 2019 Crl.A.No.622 of 2019 and Crl.A.no.624 of 2019 have deposited the fine and compensation amount whereas the appellant in Crl.A.No.537 of 2019 sought time to deposit the same In view of the deposit made by the appellants the appellant herein made a request to release the deposited compensation amount to him as he is the father of the deceased victim. Such request for release of the amount as prayed by the appellant is rejected vide impugned order dated 9.12.2019. Hence these appeals. Crl.A.Nos. @ SLP(Crl.) D.No.132220 4 We have heard learned counsel for the appellant and learned counsel appearing for respondent State. Learned counsel Sri Divyesh Pratap Singh appearing for the appellant has submitted that the son of the appellant is the victim of custodial torture who has succumbed to injuries suffered in lock up. It is stated that the appellant is about 76 years of age and has been fighting alone this case for the last more than 14 years Further he has stated that on account of the unfortunate incident appellant has lost his son at the young age of 20 years and further the appellant has spent more than 14 years for pursuing the case which resulted in deterioration of his mental and physical health. By further referring to material placed on record it is submitted that the appellant is suffering from serious ailments and is in dire need of money for his medical needs and inspite of the same the High Court has refused to release the compensation awarded to On the other hand learned counsel appearing for the respondents has submitted that the judgment of the Trial Court dated 14.03.2019 convicting the respondents and further the order dated 20.03.2019 imposing sentence and award of compensation are the subject matter of Crl.A.Nos. @ SLP(Crl.) D.No.132220 5 challenge in the appeals as such the appellant is not entitled for release of such compensation during the pendency of the appeals before the High Court Having heard learned counsel for the appellant and learned counsel appearing for respondent State we have perused the impugned order and other material placed on record. 10. In view of the pendency of criminal appeals before the High Court wherein the respondents accused have challenged their conviction and sentence imposed we do not wish to record any finding on merits of the matter But suffice it to say that the compensation awarded in the order dated 20.03.2019 is in exercise of power under Section 357(3) Cr.P.C. 1973 and as the order dated 20.03.2019 is under challenge in criminal appeals pending before the High Court we are of the considered view that it is not desirable to release such compensation in favour of the appellant at this stage It is true that the incident has happened in the year 2006 and the appellant herein who is the father of the victim is relentlessly pursuing the matter from last more than a decade. But at the same time it is to be kept in mind that the conviction recorded and sentence imposed by the Trial Court is the subject matter of the Crl.A.Nos. @ SLP(Crl.) D.No.132220 6 appeals pending before the High Court. If we permit the release of such compensation to the appellant at this stage it may lead to multiplicity of proceedings Instead of ordering release of compensation to the appellant at this stage we deem it appropriate to request the High Court for expeditious disposal of Criminal Appeal Nos. 5319 6219 6219 4819 and 4919. 11. For the aforesaid reasons we decline to interfere with the impugned order dated 09.12.2019 passed by the High Court and we request the High Court to dispose of Criminal Appeal Nos. 5319 6219 6219 4819 and 4919 as expeditiously as possible preferably within a period of six months from the date of this order. The appeals are accordingly R. Subhash Reddy New Delhi August 28 2020

Summary: The Hon’ble Supreme Court of India in Dalbir Singh v. State of NCT of Delhi &amp; Anr. etc. [Crl.A.Nos. @ SLP(Crl.) D.No.13225 of 2020] held that the compensation awarded by a Trial Court under Section 357(3) of Cr.P.C. cannot be released while appeals against such orders are pending before the High Court as it may lead to multiplicity of proceedings. 
Background –
The respondents were police officers and had detained the son of the appellant in connection with a theft case. The son was allegedly tortured in the lock-up and he succumbed to the injuries he had sustained. The Sessions Court, besides convicting the accused and awarding sentence to them accordingly, also exercised its powers under Section 357(3) of the Cr.P.C. to award compensation to the appellant. An appeal was preferred by the Respondents before the high court. Simultaneously the Appellant also filed an appeal before the High Court for the release of the compensation amount (which was already deposited by all the respondents-accused but one) in his favor, but it was rejected by the High Court.

Held/Observation –

The hon’ble Court observed that “In view of the pendency of criminal appeals before the High Court, wherein the respondents-accused have challenged their conviction and sentence imposed, we do not wish to record any finding on merits of the matter. But suffice it to say, that the compensation awarded in the order dated 20.03.2019 is in exercise of power under Section 357(3) Cr.P.C. 1973 and as the order dated 20.03.2019 is under challenge in criminal appeals pending before the High Court, we are of the considered view that it is not desirable to release such compensation in favour of the appellant, at this stage.”

It was further expounded by the court that “It is true that, the incident has happened in the year 2006 and the appellant herein who is the father of the victim is relentlessly pursuing the matter from last more than a decade. But at the same time it is to be kept in mind that, the conviction recorded and sentence imposed by the Trial Court is the subject matter of the appeals, pending before the High Court. If we permit the release of such compensation to the appellant at this stage, it may lead to multiplicity of proceedings. Instead of ordering release of compensation to the appellant at this stage, we deem it appropriate to request the High Court for expeditious disposal of Criminal Appeal Nos. 537 of 2019, 624 of 2019, 622 of 2019, 488 of 2019 and 499 of 2019.” 
The Hon’ble Supreme Court of India dismissed the appeal and refused to to interfere with the impugned order passed by the High Court and  requested the High Court to dispose of Criminal Appeals as expeditiously as possible, preferably within a period of six months, from the date of the order.
Click here to read Order
 Background – The respondents were police officers and had detained the son of the appellant in connection with a theft case. The son was allegedly tortured in the lock-up and he succumbed to the injuries he had sustained. The Sessions Court, besides convicting the accused and awarding sentence to them accordingly, also exercised its powers under Section 357(3) of the Cr.P.C. to award compensation to the appellant. An appeal was preferred by the Respondents before the high court. Simultaneously the Appellant also filed an appeal before the High Court for the release of the compensation amount (which was already deposited by all the respondents-accused but one) in his favor, but it was rejected by the High Court. 
Held/Observation –

The hon’ble Court observed that “In view of the pendency of criminal appeals before the High Court, wherein the respondents-accused have challenged their conviction and sentence imposed, we do not wish to record any finding on merits of the matter. But suffice it to say, that the compensation awarded in the order dated 20.03.2019 is in exercise of power under Section 357(3) Cr.P.C. 1973 and as the order dated 20.03.2019 is under challenge in criminal appeals pending before the High Court, we are of the considered view that it is not desirable to release such compensation in favour of the appellant, at this stage.”

It was further expounded by the court that “It is true that, the incident has happened in the year 2006 and the appellant herein who is the father of the victim is relentlessly pursuing the matter from last more than a decade. But at the same time it is to be kept in mind that, the conviction recorded and sentence imposed by the Trial Court is the subject matter of the appeals, pending before the High Court. If we permit the release of such compensation to the appellant at this stage, it may lead to multiplicity of proceedings. Instead of ordering release of compensation to the appellant at this stage, we deem it appropriate to request the High Court for expeditious disposal of Criminal Appeal Nos. 537 of 2019, 624 of 2019, 622 of 2019, 488 of 2019 and 499 of 2019.” 
The Hon’ble Supreme Court of India dismissed the appeal and refused to to interfere with the impugned order passed by the High Court and  requested the High Court to dispose of Criminal Appeals as expeditiously as possible, preferably within a period of six months, from the date of the order.
Click here to read Order
 Held/Observation – 
The hon’ble Court observed that “In view of the pendency of criminal appeals before the High Court, wherein the respondents-accused have challenged their conviction and sentence imposed, we do not wish to record any finding on merits of the matter. But suffice it to say, that the compensation awarded in the order dated 20.03.2019 is in exercise of power under Section 357(3) Cr.P.C. 1973 and as the order dated 20.03.2019 is under challenge in criminal appeals pending before the High Court, we are of the considered view that it is not desirable to release such compensation in favour of the appellant, at this stage.”

It was further expounded by the court that “It is true that, the incident has happened in the year 2006 and the appellant herein who is the father of the victim is relentlessly pursuing the matter from last more than a decade. But at the same time it is to be kept in mind that, the conviction recorded and sentence imposed by the Trial Court is the subject matter of the appeals, pending before the High Court. If we permit the release of such compensation to the appellant at this stage, it may lead to multiplicity of proceedings. Instead of ordering release of compensation to the appellant at this stage, we deem it appropriate to request the High Court for expeditious disposal of Criminal Appeal Nos. 537 of 2019, 624 of 2019, 622 of 2019, 488 of 2019 and 499 of 2019.” 
The Hon’ble Supreme Court of India dismissed the appeal and refused to to interfere with the impugned order passed by the High Court and  requested the High Court to dispose of Criminal Appeals as expeditiously as possible, preferably within a period of six months, from the date of the order.
Click here to read Order
 The hon’ble Court observed that “In view of the pendency of criminal appeals before the High Court, wherein the respondents-accused have challenged their conviction and sentence imposed, we do not wish to record any finding on merits of the matter. But suffice it to say, that the compensation awarded in the order dated 20.03.2019 is in exercise of power under Section 357(3) Cr.P.C. 1973 and as the order dated 20.03.2019 is under challenge in criminal appeals pending before the High Court, we are of the considered view that it is not desirable to release such compensation in favour of the appellant, at this stage.” 
It was further expounded by the court that “It is true that, the incident has happened in the year 2006 and the appellant herein who is the father of the victim is relentlessly pursuing the matter from last more than a decade. But at the same time it is to be kept in mind that, the conviction recorded and sentence imposed by the Trial Court is the subject matter of the appeals, pending before the High Court. If we permit the release of such compensation to the appellant at this stage, it may lead to multiplicity of proceedings. Instead of ordering release of compensation to the appellant at this stage, we deem it appropriate to request the High Court for expeditious disposal of Criminal Appeal Nos. 537 of 2019, 624 of 2019, 622 of 2019, 488 of 2019 and 499 of 2019.” 
The Hon’ble Supreme Court of India dismissed the appeal and refused to to interfere with the impugned order passed by the High Court and  requested the High Court to dispose of Criminal Appeals as expeditiously as possible, preferably within a period of six months, from the date of the order.
Click here to read Order
 It was further expounded by the court that “It is true that, the incident has happened in the year 2006 and the appellant herein who is the father of the victim is relentlessly pursuing the matter from last more than a decade. But at the same time it is to be kept in mind that, the conviction recorded and sentence imposed by the Trial Court is the subject matter of the appeals, pending before the High Court. If we permit the release of such compensation to the appellant at this stage, it may lead to multiplicity of proceedings. Instead of ordering release of compensation to the appellant at this stage, we deem it appropriate to request the High Court for expeditious disposal of Criminal Appeal Nos. 537 of 2019, 624 of 2019, 622 of 2019, 488 of 2019 and 499 of 2019.”