1988 Supreme(Raj) 572
RAJASTHAN HIGH COURT AT JAIPUR BENCH
D.L.Mehta, J.
Mangi Lal And Another - Appellant
Versus
State Of Rajasthan - Respondent
S.B. Cr. Misc. Bail Application No. 232 of 1988.
Decided On : 17-05-1988
Advocates:
For the Petitioner:A.K. Gupta, Advocate.
For the State: K.N. Sharma, PP.
The court does not have jurisdiction to extend the time for furnishing bail bonds under Section 482 Cr.PC as it would amount to altering or reviewing the judgment.
Headnote:
CRIMINAL PROCEDURE CODE - SECTION 482 - EXTENSION OF TIME - COURT'S JURISDICTION - NO JURISDICTION TO EXTEND TIME FOR FURNISHING BAIL BONDS - EXTENSION AMOUNTS TO ALTERING OR REVIEWING JUDGMENT.
Fact of the Case:
The petitioner sought an extension of time to furnish bail bonds as directed by the court. The court had granted the petitioner the benefit of the Probation of Offenders Act and directed that the petitioner be released on furnishing a bond of Rs. 2,000/- each, to keep peace and be of good behaviour for a period of two years. The petitioner failed to submit the bond within the stipulated period of two months.
Finding of the Court:
The court held that it had no jurisdiction to extend the time for furnishing bail bonds under Section 482 Cr.PC. The court reasoned that extension of time would amount to altering or reviewing the judgment, which is not within the power of the court.
Issues: Whether the court has jurisdiction to extend the time for furnishing bail bonds under Section 482 Cr.PC.
Ratio Decidendi: The court held that Section 362 Cr.PC read with Section 482 Cr.PC only allows for the correction of clerical or arithmetical errors. Section 362 Cr.PC is a bar and it does not authorise the Court to alter or modify the judgment. Section 482 Cr.PC only provides that the High Court may make such orders as may be necessary to give effect to any order passed under this Code. Thus, it only provides that the power can be exercised by the Court to give effect to the order already passed, but it does not empower the Court to alter or modify the judgment already, passed.
Final Decision: The court dismissed the petitioner's application for extension of time.
JUDGMENT
1. - Learned Counsel for the petitioner has submitted an application for extension of time for furnishing the bail bonds as directed by this Court vide order dated 20th November, 1987. This Court while deciding the appeal extended the benefit of Probation of Offenders Act to the petitioners and directed that the accused petitioners may be released on furnishing bond of Rs. 2,000/- each, to keep peace and be of good behaviour for a period of two years. Further directions were given that the petitioner should submit the bond before the trial court within a period of two months. Directions were also given that in case the petitioners failed to do so they will have to undergo the sentence awarded by the Sessions Judge, Jhalawar.
2. Mr. Gupta appearing on behalf of the accused-petitioners, submitted that out of the two petitioners one has already submitted the bonds as directed by the Court He has moved the application on behalf of Chhote Khan and submitted that the petitioner came to know about the warrant of arrest against him. Then he immediately rushed to the counsel at Jaipur and contacted him. He further submitted that on 7-5-1988, the petitioner Chhote Khan came to know about this fact of submission of the bonds under the provisions of the Probation of Offenders Act. It was also submitted by Mr. Gupta that the letter was dropped but, on account of unknown circumstances, accused-appellant could not receive the letter. He prayed that time granted may kindly be extended.
3. On the other hand learned Public Prosecutor opposed the application moved by the counsel for the petitioners. Learned Public Prosecutor submitted that the order was passed on 20th November, 1987 and the bonds were to be submitted upto 20th January, 1988. However, the petitioner failed to submit the bond. Now, he is applying in the month of May 1988, i.e. after a period of about 5 months and 20 days for the extension of time.
4. Learned Public Prosecutor submitted that the application is not based on bona fide grounds. Apart from that learned Public Prosecutor also submitted that no application for the extension of time lies under Section 482 Cr.PC. Learned Public Prosecutor has relied on the judgment of this Court reported in Gopal v. State of Rajasthan [1983 Cr.LR (Raj.) 360]. This Court has held as under:
"Their Lordships of the Full Bench after considering the pros and cons of the case come to the conclusion that time for deposit of the fine cannot be extended as it would amount to review or alteration of judgment on the point of sentence which is not within the power of the Court."
5. Learned Public Prosecutor has also cited before me the Division Bench case of Allahabad High Court in Ram Lakhan and Ors. v. State 1986 Cr. LJ 617 (All) Their Lordships in para 3 of the judgment discussed the earlier judgment of Allahabad High Court and held that--"It is clear enough that by not obeying the specific directions of the Court and by postponing the the payment, without surrendering into Court, the applicants have abused the process of the Court and have tried to bypass the course of justice. The application for extension of time was rejected".
6. Mr. Gupta appearing on behalf of the petitioner has not, cited any authority before this Court and submitted that he has moved an application under Section 482 Cr.PC and this Court has jurisdiction to extend the time.
7. I have heard the rival contentions of both the parties. Section 482 Cr.PC reads as under:
"Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice."
8. Section 365 Cr.PC provides that--"save as otherwise provided by this Code or any other law for the time being in force, no Court, when it has signed the judgment or final order, disposing of the case, alter or review the same except to cor
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