Q. What are the equivalent citations for Girdhari Lal vs State of Punjab ?

The equivalence citation areAIR 1982 SC 1229 ; (1982) 1 SCC 608 ; 1982 GLH 345 ; LQ/SC/1980/376 ;

Girdhari Lal Vs. State Of Punjab On 09 September, 1980

Q: Q. What was the bench assigned for the case Girdhari Lal vs State of Punjab?

HONBLE JUSTICE R. S. PATHAK, HONBLE JUSTICE V. R. KRISHNA IYER

Open iDraf

Girdhari Lal v. State Of Punjab

Girdhari Lal
v.
State Of Punjab

(Supreme Court Of India)

Criminal Appeal No. 606 Of 1980 | 09-09-1980

The short point arising in this appeal is as to whether the order of the High Court directing payment of Rs. 3, 000/- as litigation costs to the State is sustainable in the light of the provisions in S. 357, Cr.P.C

2. It is obvious that for sustaining an order directing expenses to be paid to the State under this provision, there must be a substantive sentence of fine. In the absence of such a sentence of fine, no direction under Clause (a) can be made. In the present case, the High Court, while maintaining the conviction, has set aside the imprisonment imposed by the trial court and has not imposed any fine on the accused. On the other hand, the appellant has been given the benefit of probation. There cannot be a direction for compensation under S. 357(a), where there is no sentence of fine, and where the convict has been let off on probation. We set aside the order of the High Court to the extent of imposition of compensation in a sum of Rs. 3, 000/-. The appeal is disposed of accordingly.

Order accordingly.

Advocates List

For

Bench List

HON'BLE JUSTICE R. S. PATHAK

HON'BLE JUSTICE V. R. KRISHNA IYER

Eq Citation

AIR 1982 SC 1229

(1982) 1 SCC 608

1982 GLH 345

LQ/SC/1980/376

HeadNote

Constitution of India — Arts. 136 and 142 — Probation — Compensation under S. 357(a) CrPC — When can be awarded — Held, for sustaining an order directing expenses to be paid to State under S. 357(a) CrPC there must be a substantive sentence of fine — In absence of such a sentence of fine no direction under S. 357(a) can be made — There cannot be a direction for compensation under S. 357(a) where there is no sentence of fine and where convict has been let off on probation — Criminal Procedure Code, 1973, S. 357(a)