The Bombay high court has recently held that legal heirs of a deceased convict are liable to pay fines and compensation, imposed by the trial courts, from the properties left behind by him.
Justice Dr Shalini Phansalkar Joshi passed this judgement while hearing an appeal filed by Shamim Sarkhot, against a magistrate court order that asked the applicant to pay the fine amount imposed on her husband by the court.
A magistrate court had convicted Saifuddin, a resident of Srivardhan in district Raigad for not honouring a cheque issued by him to a local businessman Jugraj Jain in 2006. The trial court had ordered Saifuddin to pay Rs 25,000 fine to the state government and Rs 2.85 lakh to the victim.
Saifuddin challenged this order in the high court but during pending of the appeal he died. Later Mr Jain approached the trial court for recovery of compensation and the magistrate in December last year directed Saifuddin’s widow to pay the amount.
Shamim challenged this order in the high court and contended, “The order (of magistrate) is illegal as the petitioner is only legal heir of the original accused and secondly petitioner has received property on the basis of will executed by original accused. It is, therefore, the self-acquired property of the petitioner and the petitioner is not liable either to pay fine amount of compensation.”
Shamim argued that the petitioner did no apply to the court to bring on record her name. As a result, appeal came to be abated (the case against someone being closed after he/she dies). Her lawyer said that she could not have been asked to pay the fine and the amount of compensation, as ordered by the trial court.
Justice Joshi, however observed that death of a convict does not discharge him from the liability of paying fine and compensation imposed by court, and this amount can be recovered from the properties left behind by the deceased.
The high court, however, rejected her plea saying if a convict fails to pay the fine under the provisions of CrPc, the amount can be recovered from his properties. The judge ruled that the properties of Saifuddin were now in the custody of his widow and all these came to her along with the liabilities of her deceased husband. Therefore, the order of the magistrate, asking her to pay the fine and compensation on behalf of Saifuddin, was legal and proper.
The case A magistrate court had convicted Saifuddin, a resident of Srivardhan in district Raigad for not honouring a cheque issued by him to a local businessman Jugraj Jain in 2006. The trial court had ordered Saifuddin to pay '25,000 fine to the state government and '2.85 lakh to the victim. Saifuddin challenged this order in the high court but during pending of the appeal he died. Later, Mr Jain approached the trial court for recovery of compensation and the magistrate in December last year directed Saifuddin’s widow to pay the amount.
