Non-payment of fine is no ground to deny bail to convict: Bombay HC

Justice Vibha Kankanwadi said once an appeal is admitted, it is required to be taken to its logical end. “It cannot be even dismissed in default. It cannot be dismissed for want of deposit of fine amount.”

The Bombay high court (HC) held last week that application of a convict for bail during the pendency of his appeal against conviction cannot be rejected only on the ground of non-payment of the fine amount.

“Non-payment of a fine amount cannot be a hurdle for deciding the present application,” said the judge while deciding application filed by a farmer from Ahmednagar district seeking bail during the pendency of his appeal against conviction for raping his minor sister-in-law. (HT file photo)

Justice Vibha Kankanwadi said once an appeal is admitted, it is required to be taken to its logical end. “It cannot be even dismissed in default. It cannot be dismissed for want of deposit of fine amount.”

“Non-payment of a fine amount cannot be a hurdle for deciding the present application,” said the judge while deciding application filed by a farmer from Maharashtra’s Ahmednagar district seeking bail during the pendency of his appeal against conviction for raping his minor sister-in-law.

A special Protection of Children from Sexual Offences (POCSO) court at Ahmednagar on January 1 had convicted him under Section 8 (sexual assault) of the POCSO Act, 2012, and sentenced him to four-year rigorous imprisonment.

He argued that his wife was seeking a share in the family property, but his family members were not willing to partition the property and he was falsely implicated in the case due to the property dispute. He urged the court to suspend the sentence and release him on bail, as he was out on bail even during the trial.

An assistant public prosecutor opposed the plea. He said the farmer was convicted on the basis of the testimony of the survivor, as it inspired confidence.

The prosecutor also argued that the convict was not entitled to bail and his plea was required to be rejected outright, as he had not deposited the fine amount of Rs 50,000 imposed by the trial court.

Justice Kankanwadi, however, found no substance in the argument regarding the non-payment of the fine amount.

The judge took note of the fact that it was less likely that the farmer’s appeal would be taken up for final hearing amid the coronavirus disease (Covid-19) pandemic and also in view of earlier pendency of the appeals before HC and, as a result, the applicant deserved to be released on bail.

The court has ordered him to be released on furnishing a personal surety bond of Rs 15,000.