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2025 DAILYLAW 14527 (CHH)

GIRDHARI LAL v. STATE OF CHHATTISGARH

CRMP/1122/2025 · 2025-03-28

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Judgment text

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1 2025:CGHC:15024 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1122 of 2025 Girdhari Lal S/o Dhansingh Sahu Aged About 33 Years (Now Aged About 47 Years ) R/o Street No. 11, Quarter No. 87b, Township Dallirajhara P.S. Rajhara Present District - Balod (C.G.) At Present R/o Village Nikum Post Nikum Tahsil And District - Durg (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station Gurur Present District - Balod (C.G.) ---- Respondent For Petitioner : Mr. Prahlad Shrivas, Advocate. For Respondent/State : Mr. Hariom Rai, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 28.03.2025 1. This petition under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed for extension of time to deposit the fine amount of Rs. 5000/- as per order dated 24.09.2024 passed by this Court in CR.R. No. 639/2014. 2. This Court, vide order dated 24.09.2024, while partly allowing the revision petition and sentencing the petitioner to the period already KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 undergone, had enhanced the fine amount of Rs. 500/- to Rs. 2,500/- for offence under Section 338 of IPC and Rs. 1,000/- to Rs. 2,500/- for offence under Section 304(A) of IPC, total enhanced Rs. 5000/- and had granted one month’s time from the date of passing of the order for depositing the enhanced fine amount. 3. Learned counsel for the petitioner submits that the petitioner failed to deposit the fine amount within stipulated period of time directed in judgment dated 24-09-2024, hence the proceedings before the trial Court was initiated as Criminal Case No.774/2025, wherein on 24-10-2024, the trial Court issued arrest warrant against the petitioner and thereafter again arrest warrant was issued on 06-02-2025 and thereafter the petitioner was arrested and was presented before the learned trial Court on 06-03- 2025 and as the order of this Court dated 24-09- 2024 was not complied in the stipulated period of time, the applicant has been sent to serve sentence part awarded by the learned appellate Court. He further submits that vide order dated 24-09-2024, this Court has directed to deposit the enhanced fine amount of Rs.5000/- within period of one month and also directed that failing which the petitioner shall undergo the sentence as has been ordered by the First additional Sessions Judge Balod, District Balod (C.G.), but the petitioner failed to deposit the fine amount in the stipulated period of time and hence he has been sent to jail to serve the sentence part. Since, the petitioner is less educated and he is driver by profession and his place of resident has also changed, hence he did not had the knowledge of the direction in the judgment dated 24-09-2024 and hence he failed to deposit the enhanced fine amount of Rs.5000/- in the stipulated period of time. Hence, he prays for last opportunity that the time 3 period for depositing the fine amount may be extended. 4. Learned counsel for the other side has no objection. 5. From perusal of the record, it transpires that the applicant has failed to deposit the amount of Rs. 5000/- as was ordered by this Court towards the fine amount within a period of one month. Since the applicant failed to deposit the fine amount of Rs. 5000/- within the stipulated time, he was taken into custody and is in jail since 06.03.2025. 6. The prayer made by the petitioner appears to be reasonable. Hence, the applicant is granted further two weeks’ and no more time from today to deposit the enhanced fine amount as was ordered by this Court on 24.09.2024 in Cr.R. No. 639 of 2014. If the fine amount is deposited within a period of two weeks from today, the applicant be released. 7. Accordingly, this Cr.M.P. stands disposed of. 8. Registry is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal