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2025 DAILYLAW 37184 (RAJ)

KALU SON OF SHRI SHIVNARAYAN @ GYARSILAL v. STATE OF RAJASTHAN

CRLMP/3766/2025 · 2025-07-02

Anand Sharma

body2025

Judgment text

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[2025:RJ-JP:24274] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 3766/2025 Kalu Son of Shri Shivnarayan @ Gyarsilal, Resident of Village Mevdakalan, Tehsil Kekri, Police Station Kekri, District Ajmer (Raj.). ----Petitioner Versus State of Rajasthan, through PP ----Respondent For Petitioner(s) : Mr. Rajaram Chaudhary For Respondent(s) : Mr. J.S. Rathore, PP HON'BLE MR. JUSTICE ANAND SHARMA Order 02/07/2025 1. Grievance of petitioner is that although the Appellate Court in appeal No. 12/2017, while upholding the conviction under Sections 454 & 380 of IPC, has granted benefit of probation as per Section 4 of the Probation of Offenders Act, 1958 and further directed the petitioner to submit the necessary bond within a period of 30 days the date of judgment dated 15.03.2025. 2. Learned counsel for the petitioner would submit that on account of lack of knowledge and information, the petitioner could not submit the necessary bond within the time prescribed in the judgment dated 15.03.2025. However, the petitioner is willing to make compliance of judgment dated 15.03.2025 in its letter and spirit. 3. Learned Public Prosecutor opposes the criminal misc. petition. [2025:RJ-JP:24274] (2 of 2) [CRLMP-3766/2025] 4. In the light of the aforesaid facts that while deciding the appeal on merits, benefit of probation has been given to the petitioner with the condition to submit the necessary bond, however, merely on account of some delay in following the process due to the reasons mentioned in the petition by the petitioner, it would not be in the interest of justice to disallow the benefit otherwise given on merit to the petitioner. 5. In view of above, as a last opportunity 15 days time is granted to the petitioner from today for making necessary compliance of submitting bond pursuant to judgment dated 15.03.2025. 6. In view of above, the criminal misc. petition stands disposed of. (ANAND SHARMA),J DIVYA /128