[2025:RJ-JP:15155] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 1777/2025 Shahnawaj S/o Riyaj Khan, R/o Behind Machis Factory, Dadwada, Kota, Police Station Bheemganjmandi, Kota. (At Present Confined In Central Jail Kota). ----Petitioner Versus State Of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr. Teeka Ram Meena For Respondent(s) : Mr. Rishi Raj Singh Rathore, P.P. Mr. Shubham Sain, AAAG HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 03/04/2025 The present miscellaneous petition has been preferred on behalf of the petitioner under Section 528 of B.N.S.S. against the order dated 21.12.2024 passed by the Court of learned Judicial Magistrate No.5 (North), Kota (Rajasthan), whereby the application filed by the petitioner seeking extension of time to submit bail bonds and deposit the fine amount in compliance of the order dated 15.03.2024 passed by the Court of learned Additional Sessions Judge, No.4, Kota, Rajasthan, in Criminal Appeal No.503/2019, was dismissed. Brief facts of the case are that the petitioner was convicted for the offence(s) under Section(s) 4/25 of the Arms Act and sentenced for a period of one year simple imprisonment alongwith fine by the Court of learned Judicial Magistrate No.5 (North), Kota [2025:RJ-JP:15155] (2 of 3) [CRLMP-1777/2025] (Rajasthan), vide its order dated 07.09.2019. Thereafter, the petitioner preferred an appeal No.503/2019 titled as Shahnawaj v. State of Rajasthan, against the aforesaid order. Learned Appellate Court, while partly allowing the appeal filed by the petitioner and confirming his conviction under Section(s) 4/25 of the Arms Act, set aside his sentence and while giving him the benefit of probation, ordered him to deposit bail bond of Rs.20,000/- & fine amount within a period of one month. Learned counsel for the petitioner submits that in the process of going out of the city to earn money and not being in touch with his counsel, he was not able to deposit the fine amount alongwith bail bonds before the learned Trial Court and therefore, as a last opportunity, ten days’ time be granted to the petitioner to deposit the aforesaid amount and bail bonds. Looking to the overall facts & circumstances of the case and the submissions made by learned counsel for the petitioner, this Court deems it just & proper to allow the present miscellaneous petition. Accordingly, the miscellaneous petitions is allowed. The petitioner is granted ten days’ time to deposit the fine amount alongwith bail bonds in compliance of the order dated 15.03.2024 passed by the learned Appellate Court. In case of non-depositing of the aforesaid amount & bail bonds, learned Trial Court & learned Appellate Court shall be at liberty to take appropriate action against the petitioner in accordance with law. [2025:RJ-JP:15155] (3 of 3) [CRLMP-1777/2025] In view of the above, time granted by learned Appellate Court for depositing the aforesaid amount & bail bonds vide order dated 15.03.2024, is extended for further ten days’ from today. Office is directed to supply a copy of this order via E-mail as well as registered post to the learned Court(s) below for necessary information and compliance. (VINOD KUMAR BHARWANI),J SAHIL SONI /139