ORDER :

This petition under Section 482 of the Code of Criminal Procedure, 1973 (for short CrPC) has been filed by the applicant praying for the following relief:-

“It is, therefor, most humbly and respectfully prayed that this Hon’ble Court may kindly be pleased to pass an order of modification in the judgment/order dated 23.03.2023 passed in Criminal Appeal No. 984/2008 and may kindly be permitted to extend the time period for depositing the enhanced fine amount imposed upon the applicant in the interest of justice. This Hon’ble court be further pleased to pass any other order or relief in favour of the petitioner as it deems fit and proper under the facts and circumstances of the case in the interest of justice.”

2. Facts of the case in brief is that the applicant namely Ravi Bharti was convicted for an offence punishable under Section 307 read with Section 34 of Indian Penal Code, 1860 (for short IPC) and was sentenced to undergo seven years rigorous imprisonment with fine of Rs. 2000/- and in default of payment of fine three months additional rigorous imprisonment was imposed by the learned Additional Sessions Judge, Janjgir, District Janjgir-Champa, CG in S.T. No. 135/2008 vide judgment dated 06.10.2008. The applicant challenged the same before this Court in Criminal Appeal No. 984 of 2008. This Court vide its judgment dated 23.03.2023 passed the following orders:-

(i) The impugned judgment and order of conviction and sentence for the offence punishable under Section 307 read with Section 34 of IPC is set aside and the appellants are convicted for the offence punishable under Section 326 read with section 34 of the IPC and sentenced to the period of sentence already undergone/served by them.

(ii) The fine amount of Rs.2000/ (for each appellant) imposed by the learned trial court is enhanced to Rs.7,000/ for each appellant. Appellants are directed to pay the fine within a period of three months from today. In default of payment of fine, the appellants shall undergone rigorous imprisonment for three months.

(iii) On depositing the fine, the injured/complainant (PW5) Shiv Kumar shall be paid compensation of Rs.10,000/ in view of Section 357 of CrPC after due identification.

(iv) The appellants are reported to be on bail, their bail bonds shall remain in force for a further period of six months, in view of Section 437A of the CrPC.

3. While partly allowing the appeal this Court has enhanced the fine amount imposed by the trial Court from 2000/- to 7000/- for each appellants. It is further directed that to pay the fine amount within a period of three months from the date of judgment i.e. 23.03.2023 in default of payment of fine the appellants shall undergo RI for three months. The applicant could not deposit the enhanced fine amount within a period of time as provided by this Court, therefore, the petition under Section 482 of CrPC has been filed praying for sometime to deposit the same.

4. Learned counsel for the applicant submits that due to miscommunication, the judgment dated 23.03.2023 passed by this Court could not be communicated to the applicant and the applicant was not aware of the fact that the enhanced fine amount is required to be paid within the period of three months. As soon as in the month of June when he came to know about passing of the judgment, he tried to deposit the enhanced fine amount but the learned trial Court refused to accept the same because the period to deposit the same was already over, therefore, in the interest of justice, one opportunity may be granted to pay the amount within seven days. There is no deliberate fault on his part and he is still ready and willing to deposit the fine as ordered by the Hon’ble Court. He submitted that in order to do justice, the petition may be allowed. He submitted that section 482 of Cr.P.C. give ample powers to this Court and in the ends of justice the petition may be allowed. He placed reliance of an order passed by this Court in Cr.M.P. No. 933 of 2014 dated 17.