Gujarat HC recalls order to recover fine from dead cop's relatives after learning fine was already paid | Ahmedabad News - The Times of India

AHMEDABAD: The Gujarat High Court modified its order and dropped its direction to the district collector for the recovery of a Rs 25,000 fine from the relatives of a deceased cop, who was convicted in a custodial death case. This decision came after it was brought to the High Court's notice that the fine was already paid by the cop earlier.On August 14, the High Court ordered the recovery of the fine amount imposed by a trial court in 2020 on former PSI B C Bilaval. He was punished with seven years of imprisonment and fined for the death of one Kanudo alias Bhoplo Waghri in Savarkundla police station in October 1989.In its order, the High Court stated, "Fine, as per the provision of the CrPC, is recoverable from the movable and immovable property of the accused. Section 70 of IPC provides that the death of the offender does not discharge the property from liability and the fine would be payable even after the death of the offender and such fine is recoverable from the property of the deceased."However, after the verdict was delivered, Bilaval's advocate, H B Shethna, brought to the High Court's notice that Bilaval already paid the fine amount and urged the court to modify the order to this effect. The High Court inquired with Bhavnagar's sessions court and found the claim true. It said, "...in view of the Nazir's report, since the amount was already paid by the deceased, the cause for issuance of the warrant for recovery of the fine amount would not survive."