Citation : 2025 Latest Caselaw 2201 Chatt
Judgement Date : 28 February, 2025
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 by VASANT VASANT KUMAR Date:
KUMAR 2025.03.01 17:15:53 +0530
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.
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
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