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[2025:RJ-JP:685] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 8616/2024 Lokesh S/o Durgalal, R/o Pratap Colony, Taleda, P.S. Taleda, Dis- trict Bundi. (At Present Confined In Open Jail Kota). ----Petitioner Versus State Of Rajasthan, Through P.p. ----Respondent For Petitioner(s) : Mr. Saddik Ahmed Khan For Respondent(s) : Mr. Vivek Choudhary, PP JUSTICE ANOOP KUMAR DHAND
Order 06/01/2025
1. By way of filing of this misc. petition, the petitioner is seeking extension of time for furnising personal bond and surety bond and deposit the fine/compensation amount of Rs.5,000/- before the Appellate Court i.e. the Additional Sessions Judge No.1, Bundi in Criminal Case No.114/2017.
2. Counsel for the petitioner submits that the petitioner faced trial for the offence under Section 325 IPC and he was found guilty for the above offence, thereafter, he was convicted and sentenced to undergo 6 months simple imprisionment with a fine of Rs.5,000/- by the Court of Judicial Magistrate Talera, District Bundi in Criminal Appeal No. 312/2023 vide order dated
06.03.2017.
3. Counsel submits that aggrieved by the aforesaid judgment, the petitioner submitted a criminal appeal before the Court of Additional Sessions Judge No.1, Bundi and the same was partly
[2025:RJ-JP:685] (2 of 3) [CRLMP-8616/2024] allowed vide judgment dated 20.12.2018 and while uphelding his conviction for the offence under Section 325 IPC, benefit of probation under Section 4 of the Probation of Offenders Act, 1958 (for short "Act of 1958") was granted to the petitioner and he was
directed to furnish a personal bond and surity bond of Rs. 2000/- each, for a period of two years for maintaining peace and tranquality and he was further directed to pay a compensation of Rs.5000/- to the injured-Geeta Bai on or before 21.01.2019.
4. Counsel submits that the petitioner was in custody in some other criminal case, hence, under these circumstances, the aforesaid order dated 20.12.2018 passed by the Additional Session Judge No.1, Bundi could not be complied with by him.
5. Counsel submits that now when the peitioner approached the Appellate Court i.e. the Additional Session Judge No.1, Bundi for doing the above needful exercise, he was not allowed to furnish the personal bond and surity bond as well as compensation amount of Rs.5,000/-, as the record was weeded out by the Appellate Court. Counsel submits that the petitioner was in custody and he has already served four months sentence out of the total sentence of six months, therefore, in the interest of justice, the period prescribed by the Appellate Court for doing the needful exercise be extended, enabling the petitioner to do the needful exercise.
6. Considering the above factual aspect of the matter, the instant misc. petition stands allowed.
7. Petitioner is granted further two weeks' time to comply with the conditions imposed by the Appellate Court i.e. Additional Judge No.1, Bundi enumerated in the order dated 20.12.2018. In
[2025:RJ-JP:685] (3 of 3) [CRLMP-8616/2024] case, the petitioner completes all the formalities within the above stipulated time, he may be released forthwith, without any further delay.
8. Stay application as well as all pending application(s), if any, also stand disposed of.
(ANOOP KUMAR DHAND),J GARIMA /263