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2025 DAILYLAW 49740 (CHH)

JAY KUMAR v. THE STATE OF CHHATTISGARH

CRMP/745/2025 · 2025-02-27

Shri Arvind Kumar Verma

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:10098 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 745 of 2025 Jay Kumar S/o Parasram Patel Aged About 25 Years R/o Village- Singhansara, Police Station- Sakti, District- Janjgir-Champa (Now Sakti)(C.G.) ... Petitioner versus The State Of Chhattisgarh Through Station House Officer, Police Station- Sakti, District- Janjgir-Champa (Now Sakti)(C.G.). ---- Respondent For Petitioner : Mr. Dharmesh Srivastava, Advocate For State/Respondent : Mr. G.L. Uike, PL Hon'ble Shri Justice Arvind Kumar Verma Order on Board 28/02/2025 1. This CrMP has been preferred under Section 528 of the BNSS, 2023 for extention of time for depositing the fine amount. 2. Brief facts of this case is that the present petitioner had preferred a Criminal Appeal No.273 of 2009 before this Court against the conviction and sentence dated 24.03.2009 passed by learned Special Judge (Electricity Act), Janjgir, District Janjgir-Champa (C.G.) the said criminal appeal was decided by this VASANT KUMAR Digitally signed by VASANT KUMAR Date: 2025.03.01 17:15:53 +0530 2 Court vide order dated 24.09.2024, whereby this Court has been pleased to pass an order to reduce the sentence and the substantive jail sentence imposed upon the petitioner/appellant under the aforementioned section was set-aside, However, fine amount imposed on the appellant was enhanced from Rs. 10,000/- to Rs. 25,000/- under Section 135(A) of Electricity Act. It is further ordered that the enhanced fine amount shall be deposited by the applicant within a period of three month from the date of order before the concerned Trial Court, if any fine amount be deposited earlier shall be adjusted, but the present petitioner could not get information regarding judgment passed by this Court within stipulated time, therefore, he could not deposit the same within limitation. 3. Learned cousnel for the petitioner contended that the present petitioner could not get information regarding judgment passed by this Court, therefore, he could not deposit the fine amount within limitation. The said mistake committed by the petitioner is not intentionally or deliberately, but it is a bona-fide mistake, therefore, it may kindly be condoned and the time given to the petitioner for depositing the fine amount may kindly be extended further one month, in the interest of justice. 4. Learned State counsel not oppses the limited prayer made by learned cousnel for the petitioner. 5. I have heard learned counsel for the parties and perused the record with utmost circumspection. 3 6. Considering the facts and circumstances of the case, submission made by the counsel for the petitioner and further considering the reasons mentioned in the application, the same is allowed. 7. Now, further 30 days’ time is granted to the appellant/petitioner to deposit the fine amount in the concerned trial Court positively. 8. Accordingly, the instant CrMP stands disposed of. Sd/- (Arvind Kumar Verma) Judge Vasant