TMI Blog2013 (9) TMI 732X X X X Extracts X X X X X X X X Extracts X X X X ..... ces of the accused person as to character and magnitude of offence before ordering the offender to suffer imprisonment in default of payment of fine - The provisions of Sections 63-70 of IPC make it clear that an amount of fine should not be harsh or excessive - where substantial term of imprisonment was inflicted excessive fine should not be imposed except in exceptional cases. - CRL. A. No. 1103/2010 - - - Dated:- 21-8-2013 - Sunita Gupta,JJ. For the Petitioner : Mr. Dinesh Malik, Advocate For the Respondent : Mr. Pramod Bahuguna, Advocate JUDGMENT Sunita Gupta, J. (Oral) 1. The appellant has preferred the present appeal against the judgment dated 27th March, 2010 and order on sentence dated 31st March, 2010 of Additi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dification of the order on sentence as the appellant has already undergone 9 years 11 months and 21 days as per the nominal roll. The appellant is very poor and is unable to deposit the amount of fine. Further, she is a chronic patient of various deceases due to HIV+. 4. Reliance was placed on Shahejadkhan Mehbubkhan Pathan Vs. State of Gujarat, 2012 (10) SCALE and Raj Kumar Vs. State, Crl. Appeal No. 63/2006. 5. I have considered the submissions of the parties and have examined the trial court record. 6. Since the appellant has not opted to challenge the findings of the learned Trial Court on conviction under Section 21(c) and Section 28 r/w Section 23 (c) of NDPS Act, the order of conviction of the Trial Court stands confirmed. 7. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or whole in the judicial proceedings. However, the imprisonment ordered in default of payment of fine stands on a different footing. When such default sentence is imposed, a person is required to undergo imprisonment either because he is unable to pay the amount of fine or refuses to pay such amount. Accordingly, he can always avoid to undergo imprisonment in default of payment of fine by paying such an amount. In such circumstances, we are of the view that it is the duty of the Court to keep in view the nature of offence, the circumstances in which it was committed, the position of the offender and other relevant considerations such as pecuniary circumstances of the accused person as to character and magnitude of offence before ordering t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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