2025:UHC:10463 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application No.1595 of 2025 Shital Joshi ...Applicant Versus State of Uttarakhand ...Respondent Presence: Mr. Rajyavardhan Chaudhary and Mr. Hardik Sah, learned counsel for the Applicant. Mr. S.S. Chauhan, learned Deputy Advocate General for the State. Mr. Vishwast Kandpal, learned counsel for respondent no.2. Hon’ble Ashish Naithani, J. Heard learned counsel for the Applicant and learned State Counsel. Perused the records of the case including the impugned order dated 02.09.2025 passed in Criminal Appeal No.74 of 2025 by the learned Sessions Judge, Pithoragarh. 2. The present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita has been preferred seeking modification of the condition directing the Applicant to deposit 20% of the fine amount of Rs.35,05,000/- (Rs.Thirty Five Lakh Five Thousand). The impugned condition requires a pre deposit of Rs.07,01,000/- (Seven Lakh One Thousand). In the prayer clause the Applicant has sought that the pre deposit be either waived or reduced proportionately to his alleged 70% liability, quantified as Rs.4,90,700/- (Four Lakh Ninety Thousand Seven Hundred). 1 Criminal Misc. Application No.1595 of 2025----Shital Joshi vs. State of Uttarakhand & Another. Ashish Naithani J. 2025:UHC:10463 3. Having considered the submissions and the material placed on record, and without entering into the merits of the appeal pending before the appellate court, this Court is of the view that the ends of justice would be met by a limited modification of the condition relating to the quantum and timeline of deposit. 4. Accordingly, the impugned order dated 02.09.2025, to the extent, it relates to the condition of pre deposit, is modified. The Applicant shall deposit a sum of Rs.5,00,000/- (Five Lakhs) with the court concerned within a period of two weeks and the remaining amount, if any, shall be deposited by the Applicant within a further period of two months thereafter from the date of production of certified copy of this order. 5. Subject to compliance of the above conditions within the stipulated timelines, the Applicant shall be permitted to pursue the pending appeal without any further coercive action being taken for non deposit. In the event of default, it shall be open to the appellate court to take such steps as may be permissible in law. 6. The Criminal Miscellaneous Application stands disposed of in the above terms. Ashish Naithani, J. 19.11.2025 Arti 2 Criminal Misc. Application No.1595 of 2025----Shital Joshi vs. State of Uttarakhand & Another. Ashish Naithani J. ARTI SINGH Digitally signed by ARTI SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=487ed955e722ba65aab55409e686c12fb83a19325e8b66890fbee418e7b69c0d, postalCode=263001, st=UTTARAKHAND, serialNumber=26DC90E00D839E3E8714131F235087D2D87E133C57E7F4A7B2E734BE2521F982, cn=ARTI SINGH Date: 2025.11.26 10:46:08 +05'30'