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Kailash Chandra & Anr. vs. State of Rajasthan

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Criminal Trial–Default sentence–Measures for awarding–Default sentence is a penalty which a person incurs on account of nonpayment of fine–The imprisonment ordered in default of payment of fine stands on a different footing–When such default sentence is imposed, a person is required to undergo imprisonment either because he is unable to pay the amount of fine or refuses to pay such amount–Therefore, it is the duty of Court to keep in view the nature of offence, the circumstances under which the offence was committed, the financial status of offender and other relevant considerations such as pecuniary circumstances before ordering the offender to suffer imprisonment in default to payment of fine.