Can’t waive off fine if convict is released prematurely: court | mumbai | Hindustan Times
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Can’t waive off fine if convict is released prematurely: court

The fine imposed on an accused during his conviction cannot be waived off if he becomes eligible for premature release later, the Bombay high court (HC) ruled.

mumbai Updated: Jul 30, 2012 01:31 IST
Mohan K Korappath

The fine imposed on an accused during his conviction cannot be waived off if he becomes eligible for premature release later, the Bombay high court (HC) ruled.

In 1998, Sadashiv Salian was sentenced to life imprisonment on charges of murder. The court had also asked him to pay a fine of Rs1 lakh, failing which he would have to serve an additional term of two years.

Salian, however, sought premature release stating the government resolution of January 10, 2006, which allowed premature release of prisoners suffering from ill health and above 65 years of age. Salian said prison authorities were arbitrarily depriving him of the benefit under the resolution by pointing to the fine imposed on him.

“Such an attitude defeats the purpose of the government decision,” Salian told the court.

Salian’s lawyer said the resolution did not make any reference to the fine in case of premature release.

The additional public prosecutor, however, cited a letter addressed by the DIG to the superintendent of Kolhapur prison on December 17, 2011. It states that while considering the fine imposed upon a prisoner seeking premature release, the decision should be taken in accordance with the provisions of section 429 (2) of the Code of Criminal Procedure.

The state also referred to a resolution stating that in case of a person sentenced to punishment, the appropriate authority may, with or without conditions, suspend the execution of his sentence or remit the whole or any part of the punishment.

A division bench of justice AM Khanwilkar and justice PD Kode observed that the resolution did not intend to remit the prisoners from sentence or fine.