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SUPREME COURT OF INDIA
Abhay Manohar Sapre, Uday Umesh Lalit, JJ.
Sharad Hiru Kolambe – Appellant
Versus
State of Maharashtra and others – Respondents
Criminal Appeal No. 1209 of 2018 (arising out of Special Leave Petition (Criminal) No. 8067 of 2018) (Diary No. 33034 of 2017)
Decided On : 20-09-2018
(2013) 7 SCC 211 – Relied upon
Indian Penal Code, 1860 – Section 64 – Sum of fine – Should not be excessive – Default sentence – Penalty incurred by a person on account of non-payment of fine – Not a sentence in strict sense – Imposition of such default sentence is completely different and qualitatively distinct from a substantive sentence – Default sentences cannot be directed to run concurrently – a (Para 13,
(2007) 11 SCC 243; (2013) 1 SCC 570 – Relied upon
(2013) 1 MWN (Cr.) 175 (FB); AIR (1926) Bom. 62; (1990) MLJ(Cri) 534 – Cited with approval
(1977) 2 SCC 634 – Referred
Indian Penal Code, 1860 – Sections 364A, 395, 397 and 387 and sections 3(1)(ii), 3(2) and 3(4), MCOC Act – Instantly fine imposed under sections 364A, 395, 397 and 387 IPC held, non excessive – Similarly fine imposed under MACOCA is mandatory minimum – Default sentences – Found on a higher side – Reduced. (Para 16, 17)
Facts of the case:
The appellant along with other co-accused was tried and convicted by the Special Judge [the MCOC Act].
The conviction and sentence of the appellant was affirmed by the High Court.
Finding of the Court:
Default sentences, inter se, cannot be directed to run concurrently.
Result: Appeal partly allowed.
JUDGMENT :
Uday Umesh Lalit, J.
1. Delay in filing Special Leave Petition condoned. Leave granted.
2. This appeal challenges the decision dated 17.12.2013 passed by the High Court of Bombay in Criminal Appeal No.906 of 2006 affirming the conviction and sentence of the appellant (original accused No.6) for offences punishable under the Indian Penal Code (IPC, for short) as well as the Maharashtra Control of Organised Crime Act, 1999 (hereinafter referred to as the MCOC Act). Since the emphasis in the present appeal was placed on the nature of default sentences passed against the appellant, we confine ourselves to bare outline of facts. The appellant along with other co-accused was tried and convicted by the Special Judge [the MCOC Act] Thane in M.C.O.C. Special Case No.3 of 2002 vide judgment dated 20.10.2005. The relevant portion of the order of sentence passed by the Special Judge reads as under:-
“Accused Nos.1 to 6 namely, Sanjay Kisan Mohite, Sudish Maniken, Maniken Nair, Pramod Shankar Jadhav, Santosh Manohar Deshmukh, Chandrakant Balkrishna Shegde and Sharad Hiru Kolambe are convicted for offence punishable under Section 364A of Indian Penal Code read with Section 34 of the Indian Penal Code and sentenced to suffer life imprisonment and to pay fine of Rs.1,000/- each. In default to suffer imprisonment for three months.
The accused Nos.1 to 6 are convicted for offence punishable under Section 395 of Indian Penal Code and sentenced to suffer imprisonment for seven years and to pay fine of Rs.1,000/- each. In default, to suffer imprisonment for three months.
The accused Nos.1 to 6 are convicted for offence punishable under Section 397 of Indian Penal Code and sentenced to suffer imprisonment for seven years and to pay fine of Rs.1,000/- each. In default, to suffer imprisonment for three months.
The accused Nos.1 to 6 are convicted for offence punishable under Section 387 of Indian Penal code read with Section 34 of the Indian Penal Code and sentenced to suffer imprisonment for five years and to pay fine of Rs.1,000/- each. In default, to suffer imprisonment for three months.
The accused Nos.1 to 6 are convicted for offence punishable under Section 342 of Indian Penal Code read with Section 34 of the Indian Penal code and sentenced to suffer imprisonment for one year.
The accused Nos.1 to 6 are convicted for offence punishable under Section 3(1)(ii) of Maharashtra Control of Organised Crime Act and sentenced to suffer imprisonment for ten years and to pay fine of Rs.5,00,000/- (Rupees Five lacs) each. In default, to suffer imprisonment for three years.
The accused Nos.1 to 6 are convicted for offence punishable under Section 3(2) of Maharashtra Control of Organised Crime Act and sentenced to suffer imprisonment for ten years and to pay fine of Rs.5,00,000/- (Rupees Five Lacs) each. In default, to suffer imprisonment for three years.
The accused Nos.1 to 6 are convicted for offence punishable under Section 3(4) of Maharashtra Control of Organised Crime Act and sentenced to suffer imprisonment for ten years and to pay fine of Rs.5,00,000/- (Rupees Five Lacs) each. In default, to suffer imprisonment for three years.
All the sentences shall run concurrently.
The accused persons are entitled for set off under Section 428 of the Criminal P.C. for pretrial detention period.
Accused No.7 Avinash Shrikrishna Dugad and accused No.8 Tanaji Nanu Birade are acquitted of all the offences.
Their bail bonds stand cancelled.”
3. The decision so rendered by the Special Judge was questioned by all the convicted accused by filing criminal appeals in the High Court of Bombay. The High Court by its judgment and order under appeal set aside the conviction and sentence of original accused No.5. It, however, dismissed all the other appeals. The conviction and sentence in so far as the appellant is concerned thus stood affirmed.
4. It may be mentioned that the appellant was arrested on 26.08.2001 and was never released during the trial as well as during the pendency
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