Default sentences for non-payment of fine cannot be ordered to run concurrently
The principle laid down by the Hon'ble Apex Court in the decisions cited supra makes it crystal clear that imposition of the term of imprisonment in default of payment of fine is not a sentence and it is a penalty which a person incurs on account of non-payment of fine. It is also made clear that if such default sentence is imposed, undoubtedly, an offender must undergo unless it is modified or varied in part or whole in the judicial proceedings. Therefore, there is no power for the Court to order the default sentences to run concurrently. The Hon'ble Apex Court also made it clear that when such a default sentence is imposed, a person is required to undergo imprisonment either because he is unable to pay the amount of fine or refuses to pay such amount.
CORAM
THE HONOURABLE MR . JUSTICE K.N.BASHA
THE HONOURABLE MR.JUSTICE T.SUDANTHIRAM
AND
THE HONOURABLE MR. JUSTICE P.DEVADASS
Citation; 2013 CR L J 1938 Madras (FB)
In view of the aforesaid reasons, we are answering the reference to the effect that the default sentences for non-payment of fine cannot be ordered to run concurrently.
Donatus Tony Ikwanusi vs The Investigating Officer on 30 January, 2013
THE HONOURABLE MR . JUSTICE K.N.BASHA
THE HONOURABLE MR.JUSTICE T.SUDANTHIRAM
AND
THE HONOURABLE MR. JUSTICE P.DEVADASS
Citation; 2013 CR L J 1938 Madras (FB)
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