Nema D/O Laduram @ Radhakishan vs State Of Rajasthan
2022 Latest Caselaw 4601 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

      S.B. Criminal Miscellaneous (Petition) No. 5655/2022

Nema D/o Laduram @ Radhakishan, Aged About 34 Years, R/o
Village Mamana, P.S. Narena, Disrict Jaipur At Present Residence
Village Nuwa, P.S. Rupangarh, District Ajmer.
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through P.p.
                                                                ----Respondent

For Petitioner(s) : Mr. Pradeep Sharma, Adv. For Respondent(s) : Mr. Chandragupt Chopra, PP

HON'BLE MR. JUSTICE BIRENDRA KUMAR

Order

07/07/2022

The petitioner along with co-accused faced trial in FIR

No.14/2002. By the judgment dated 30.01.2018, the learned Trial

Judge convicted the petitioner and co-accused under Section 379

of IPC as well as under Section 3(2) of the Prevention of Damage

to Public Property Act. One year simple imprisonment along with

fine of Rs.1,000/- was awarded for both the offences. The

petitioner and co-accused challenged the conviction in Criminal

Appeal No.47/2019 which was dismissed on merit and sentence

was modified. Vide judgment dated 29.08.2019, the learned

Appellate Court directed that the petitioner would be released on

execution of personal bond of Rs.5,000/- for a period of one year

to maintain peace. The Appellate Court further directed for deposit

of Rs.2,000/- as costs of prosecution. Both the orders were to be

(2 of 2) [CRLMP-5655/2022]

complied within a month, failing which the Trial Court judgment

was directed to be revived.

Submission is that due to Covid-19 effect, the petitioner

could not comply with the order dated 17.06.2022. Thereafter the

petitioner approached the Court below for permission to comply

with the order, which was declined for the reason of lapse of three

years.

Finding plausible reason of the petitioner for non-compliance,

it is directed that the petitioner would comply with the order of the

Appellate Court in the matter of sentence within a period of 15

days from the date of receipt and production of the copy of this

order.

With the aforesaid, this petition stands allowed.

(BIRENDRA KUMAR),J

Ashwani /-64

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