Citation : 2022 Latest Caselaw 5690 Raj/2
Judgement Date : 22 August, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 6957/2022
Aanandi Lal S/o Panna Lal, Aged About 75 Years, R/o Nahariya,
Tehsil Sangod, District Kota (Rajasthan).
(Accused Petitioner Is In Central Jail Kota).
----Petitioner
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Petitioner(s) : Mr. Dinesh Singh through V.C. For Respondent(s) : Mr. Prashant Sharma, PP
HON'BLE MR. JUSTICE BIRENDRA KUMAR
Order
22/08/2022
Petitioner faced trial for offence punishable under Section
138 of the Electricity Act, 2003 in Special Session case No.
214/2007. Learned trial court on completion of trial convicted the
petitioner by judgment dated 04.01.2017. While considering the
sentence, learned trial court ordered that the petitioner shall
execute bond of Rs. 5,000/- to not to commit the identical offence
and shall deposit the dues amount of Rs. 11,760/- within three
months.
Period of three months expired on 04.04.2017, however
petitioner deposited the said amount on 06.04.2017 i.e. two days
after the expiry of time. A copy of the receipt is at Annexure-5.
Petitioner filed an application before the court below to extend the
time for compliance of the judgment of court which was refused
(2 of 2) [CRLMP-6957/2022]
by trial court vide impugned order dated 14.11.2017, for the
reason that trial Judge has no power to review its judgment.
For substantial justice the judgment dated 04.01.2017 be
treated as complied within time.
Impugned order is hereby quashed and the petition stands
allowed.
Pending application, if any, also stands disposed off.
(BIRENDRA KUMAR),J
ashu /33
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