[2025:RJ-JP:39796] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 5775/2025 Gopi @ Gopal Singh S/o Shri Harji, Aged About 50 Years, Resident Of LIC Colony, Kachchi Basti, Police Station Christianganj, Ajmer. (Presently Languishing In Central Jail, Ajmer.) ----Petitioner Versus The State of Rajasthan, through Public Prosecutor. ----Respondent For Petitioner(s) : Mr. Jai Kishan Yogi Mr. Yenu Satyan For Respondent(s) : Mr. Rishi Raj Singh Rathore, PP HON'BLE MR. JUSTICE SUDESH BANSAL Order 26/09/2025 1. By means of filing instant Criminal Miscellaneous Petition under Section 528 BNSS, 2023, petitioner is praying for extension of time period to furnish bond and to deposit fine amount of Rs.1,000/- in furtherance to the judgment dated 01.06.2024 passed in Criminal Appeal No.95/2023 by the Additional Sessions Judge No.5, Ajmer. 2. It has been pointed out that on account of two barrels of 30- 35 Liters each of handmade liquor found in his possession, petitioner was booked for offences under Sections 16/54 of the Rajasthan Excise Act, 1950 and was convicted and sentenced to rigorous imprisonment for a period of one year along with fine amount of Rs.1,000/- vide judgment dated 25.01.2017 passed by [2025:RJ-JP:39796] (2 of 3) [CRLMP-5775/2025] Additional Judicial Magistrate No.2, Ajmer in Criminal Case No.282/2016 'State Vs. Gopi @ Gopal Singh'. 3. Thereagainst petitioner preferred Criminal Appeal bearing No.95/2025, which has been decided vide judgment dated 01.06.2024 by the Court of Additional Sessions Judge No.5, Ajmer, wherein the Appellate Court affirmed the conviction, but interfered in the sentence portion and directed to release the petitioner subject to furnishing a bond to maintain peace and tranquility and deposit the fine of Rs. 1000/- within a period of 30 days, failing which petitioner has to suffer punishment awarded by the trial Court vide judgment dated 25.01.2017. 3. Counsel for petitioner states that petitioner is an illiterate labour and his financial condition is so poor that he could not earn the fine amount of Rs. 1000/- within the period stipulated by the Appellate Court in judgment dated 01.06.2024 and due to such default, petitioner has been sent to judicial custody vide order dated 14.07.2025 passed by the Additional Civil Judge and Judicial Magistrate No.2, Ajmer. 4. An earnest prayer has been made to extend the time period to make compliance of the conditions of furnishing bond and to deposit fine amount. It has been argued that there is no other alternative remedy available to petitioner except to invoke the inherent and extra ordinary jurisdiction and to consider the overall facts, circumstances and plight of petitioner, this Court may exercise its inherent jurisdiction to extend the time limit as prayed. [2025:RJ-JP:39796] (3 of 3) [CRLMP-5775/2025] 5. Learned Public Prosecutor, though, opposed the prayer but is not in a position to controvert the factual and legal aspect narrated hereinabove. 6. In view of above, this Court deems it just and proper to exercise inherent powers envisaged under Section 528 of the BNSS, 2023 and permit the petitioner to submit a bond and deposit fine amount of Rs. 1000/- in compliance of the judgment dated 01.06.2024 passed by the Additional Sessions Judge No.5, Ajmer in Criminal Appeal No. 95/2025 on or before 15.10.2025. 7. On furnishing the bond and deposition of fine and petitioner be released forthwith from the judicial custody and need not to undergo for sentence as per judgment dated 01.06.2024. 8. Accordingly, instant petition stands disposed of. 9. Stay application and other pending application(s), if any, also stand disposed of. (SUDESH BANSAL),J NITIN /239