This blog delves into the legal complexities surrounding the release of compensation in criminal appeals, highlighting the court’s thorough legal analysis. The case involves multiple criminal appeals where the appellants, members of the police force, have deposited the fine and compensation. The court’s decision not to release the compensation at this stage due to pending appeals is under scrutiny. Join us as we unravel the legal intricacies of the case at hand.
Facts
- The appellants in multiple criminal appeals had deposited the fine and compensation amount by the time the impugned order was passed on 9.12.2019.
- The appellant in one of the appeals sought time to deposit the compensation amount.
- The appellant, who is the father of the deceased victim, requested the release of the deposited compensation amount, alleging that his son was illegally detained by the accused in connection with a theft case and subsequently tortured in police lock-up, leading to his death.
- The request for the release of the compensation amount was rejected in the impugned order dated 9.12.2019.
- All the appellants are members of the police force.
- The criminal appeals were filed by the complainant challenging the order of the High Court of Delhi dated 9.12.2019, which rejected the claim for the release of compensation awarded under Section 357(3) of Cr.P.C. in a previous order.
- The respondents in the case were accused in FIR No.1004/2006 for multiple offenses under IPC sections.
- Criminal appeals filed by the accused against conviction and sentence imposed by the Trial Court.
- Multiple criminal appeals pending before the High Court.
- Accused found guilty for offences under Section 365/34 IPC.
- Compensation awarded to the father of the deceased victim by the Trial Court.
- Compensation amounts ordered to be paid by each of the accused/convicts as per Section 357(3) Cr.P.C.
Also Read: Transfer of Writ Petitions for Chartered Accountants’ Tax Audit Guidelines
Arguments
- The appellant is suffering from serious ailments and requires money for medical needs.
- The High Court has refused to release the compensation awarded to the appellant.
- The appellant has lost his son who was a victim of custodial torture and passed away at the age of 20.
- The appellant has spent over 14 years pursuing the case, leading to deterioration of his mental and physical health.
- The appellant, aged about 76 years, has been fighting the case alone for over 14 years.
- The judgment of the Trial Court dated 14.03.2019, which convicted the respondents, is being challenged in appeals before the High Court.
- The order dated 20.03.2019 imposing sentence and award of compensation is also under challenge in the appeals.
- The compensation was awarded under Section 357(3) of Cr.P.C. 1973.
- Due to the pending criminal appeals, it is deemed not desirable to release the compensation to the appellant at this stage.
- Releasing the compensation now might lead to multiplicity of proceedings, considering the conviction and sentence are under appeal.
Also Read: Analyzing Interference with Acquittal in Legal Conviction Case
Decision
- The appeals have been dismissed.
- The impugned order dated 09.12.2019 passed by the High Court is not interfered with.
- The High Court is requested to dispose of Criminal Appeal Nos. 537 of 2019, 624 of 2019, 622 of 2019, 488 of 2019 and 499 of 2019 expeditiously, preferably within six months from the date of this order.
- Instead of ordering the release of compensation to the appellant, the High Court is requested for expeditious disposal of the mentioned Criminal Appeals.
Also Read: Judicial Review on Sentence and Compensation in Criminal Case
Case Title: DALBIR SINGH Vs. STATE OF NCT OF DELHI (2020 INSC 514)
Case Number: Crl.A. No.-000550-000554 / 2020
