Bombay High Court: Legal heirs of deceased convicts liable to pay fine

The Bombay High Court held that the legal heirs of a deceased convict are liable to pay fines and compensation from the properties left by him.

The Hindustan Times reported that the death of the convict does not liberate him from the obligation of paying fines and compensation imposed by the court. Judge Shalini Phansalkar-Joshi said that his property, which goes to the legal heirs after his death, is legally liable for the same. Judge Joshi then dismissed an appeal filed by Shamim Sarkhot, a resident of Raigad district.

The magistrate court convicted Saifuddin, husband of Shamim, for failing to honor a check issued by him to Jugraj Jain, a local businessman. The court ordered Saifuddin to pay a compensation of Rs 2.85 lakh to the victim and a fine of Rs 25,000 to the government.

According to Asian Age, Saifuddin challenged the court's court, however, during the process he died. On December 2015, the magistrate court ordered Saifuddin's widow to pay the fines and compensation. Shamim then challenged the order in the top court and argued that the order of the magistrate is illegal as the petitioner is only legal heir of the original accused and that the petitioner has received property on the basis of the will executed by the 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 Added.

The Bombay High Court rejected Shamim's appeal, claiming if a convict fails to pay the check under the provisions of CrPC, the amount can be recovered from his properties. The properties of Saifuddin are now in the custody of his widow and all these came to Shamim with the liabilities of Saifuddin, says The Indian Express.

The order of the magistrate asking Shamim to pay the fine and compensation on behalf of her husband was legal and proper, says the magistrate.

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bombay high court, legal heirs, deceased convicts, liable to pay fine, india supreme court, india convict, india fine and compensation, magistrate court in india

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